H. B. VEERABHADRAPPA Vs. H. B. SIDDANNA

JUDGEMENT

(1.) Defendant Nos.4 to 6 in OS No.56 of 2017 on the file of the learned Senior Civil Judge and JMFC, Kudligi (hereinafter referred to as 'the Trial Court' for brevity), are impugning the order dtd. 14/3/2023 passed on IA.No.VI filed by the plaintiff under Order 39 Rules 1 and 2 read with Sec. 151 of CPC, restraining defendant Nos.4 to 6 or any person claiming under them from putting up construction on item Nos.1 and 2 of the schedule properties, till disposal of the suit.

(2.) Parties are referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case are that, the plaintiff filed the suit seeking partition and separate possession of the suit schedule properties contending that they are the ancestral joint family properties and that the plaintiff and defendants are having share. It is also contended that there was a partition between the parties and it was not an equitable partition and no registered partition deed was executed. Therefore, the plaintiff is entitled to the equitable partition by metes and bounds.