GUNASHEELA Vs. DHARMENDRA GOWDA

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants and the respondents.

(2.) This Miscellaneous First Appeal is filed against the order passed by the Trial Court in allowing I.A.No.9 filed under Order XXXIX Rule 1 and 2 read with Sec. 151 of CPC, wherein the prayer is sought by the plaintiffs to restrain the defendants or any body claiming under them from alienating item Nos.1 to 18 and 21 of the suit schedule properties in any manner, till disposal of the suit.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court while seeking the relief of partition, it is contended that one Hanumegowda is the propositus of the family having three children namely, S.H.Javarappagowda, S.H.Ramegowda and S.H.Lakshmanagowda. Defendant Nos.2 to 5 are the children of S.H.Javarappagowda, plaintiff No.1 is the wife and plaintiff Nos.2 to 4 are the children of S.H.Lakshmanangowda. Plaintiffs and defendants are members of Hindu joint family, and suit properties are their joint family properties and there was no any partition. It is contended that S.H.Javarappagowda being the manager of the family purchased some of the properties for the benefit of the joint family in his name and some of the properties were acquired in the name of defendant No.1 from the income derived out of the joint family. The father of plaintiff Nos.2 to 4 and the father of defendant Nos.2 to 5 were worked together at Bombay and plaintiff No.2 also worked with them in the interest of the family. The father of defendant Nos.2 to 5 being the manager of the family managed the suit properties till his death, and now the defendants are mismanaging the family affairs and misusing the income derived from the suit properties. The plaintiffs do not have any confidence over the defendants and claimed 1/3rd share in the suit schedule properties on the ground that there was no any partition. It is also contended that the defendants are changing the khatha of item Nos.1 to 18 and 21 of the suit properties and made preparation to alienate the same only with an intention to deprive plaintiffs' share. Hence, they have filed I.A.No.9 praying the Court to restrain the defendants from alienating the suit schedule properties.