P LAXMINARAYANA BHAT Vs. SHANTHI BHAT

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondents.

(2.) The MFA is filed challenging the order of allowing I.A.II filed under Order 39 Rule 1 and 2, directing the defendant not to alienate or encumber the suit schedule property till the disposal of the suit, i.e. in respect of 'A' schedule property. The Trial Court ordered not to make any alterations or changes in the said property.

(3.) Learned counsel for appellant vehemently contends that the Trial Court committed an error in passing such order, when there was a partition deed and also submits that the suit is filed by first respondent, who was 83 years old at the time of filing the suit and fails to take note of the fact that he does not have any right in respect of suit schedule property. The Trial Court also has not considered that it is not in dispute that suit schedule property has already been partitioned as per the registered partition deed dtd. 30/4/2008. The suit came to be filed in the year 2015. The registered partition deed is well within the knowledge of first respondent and the appellant had infact sold some portion of the land to the third parties and those purchasers have already been impleaded as additional defendants. Without considering all these matters Trial Court has allowed the application. Counsel submits that if order of temporary injunction is enforced, it affects the appellant. Hence, it requires interference.