A.RAJENDRA KODGI Vs. A SUDHIR KODGI

JUDGEMENT

(1.) Heard the learned Senior counsel for the appellants and learned Senior counsel for the respondent No.1.

(2.) This miscellaneous second appeal is filed under Order 43, Rule 1(r) of Code of Civil Procedure challenging the impugned order passed on I.A.No.II dtd. 24/9/2021 allowing the application and restraining the appellants from alienating, encumbering or creating charge over the plaint 'A' and 'B' schedule properties or any portion there of, till the disposal of the suit.

(3.) The factual matrix of the case of the respondent No.1/plaintiff before the Trial Court in the suit filed for the relief of partition and separate possession is that, defendant Nos.1 and 2 are his brother. 'A' and 'B' schedule properties belong to their joint undivided family. The suit schedule properties which were inherited by their ancestors and some of the items of family properties are sold for a valuable consideration by the family members and the sale proceeds derived from family properties are invested in the lands and shares by the family for the benefit and welfare of their entire undivided joint family. The funds derived from the family properties on the sale proceeds and other ancestral nucleus, they purchased the properties described in 'A' schedule.