MUNIVEERAPPA Vs. MUTHAPPA

JUDGEMENT

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

(2.) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of CPC questioning the rejection of application filed under Order 39 Rule 1 and 2 on I.A.No.1 not considering the relief of temporary injunction.

(3.) The factual matrix of case of plaintiff before the Trial Court while the suit for the relief of partition that the grand father Munivenkatappa had acquired a few lands in Kattigenahallil and Polanahalli villages somewhere in the year 1950 to 1960. Among the properties acquired by their grandfather, the suit schedule property bearing Sy.No.171/1 originally consisting of 2 acre 35 guntas and now, its extent is only 1 acre. The plaintiffs are entitled for 1/3rd share in the suit schedule property and the plaintiff Nos.4 to 8 are entitled for 1/3rd share whereas, the defendant Nos.1 to 4 are entitled for 1/3rd share. In total plaintiff Nos.1 to 8 are entitled to get 2/3rd shares in the suit schedule property. During the lifetime of the plaintiff's father, the family members of Munivekatappa were in continuous possession over the suit schedule property and after the demise of Munivenkatappa, the revenue entries were changed in the name of his 1st son by name Muttappa. Since the family of Munivenkatappa was shifted from Polanahalli and Kattigenahalli to Bangalore, the relatives of Munivenkatappa were looking after the properties. It is only at this juncture, Muniyamma who is the wife of Munivenkatappa and her 3 sons found it difficult to manage the lands and by handed over the properties to one Nanjappa to look after them, the family of Munivenkatappa was shifted to Bangalore. At regular intervals, Nanjappa had communicated to Munivenkatappa's wife about his difficulties to look after the properties of Munivenkatappa and the said Nanjappa had requested Smt.Muniyamma to come back to the village to look after the properties for herself. But, after the death of Munivenkatappa and in the year 1974 onwards, Nanjappa did not reveal any details of properties belonged to Munivenkatappa to the wife and children of Munivenkatappa. In the year 1996, Nanjappa was died intestate and late the children of Munivenkatappa have tried to obtain the details of properties from legal representatives of Nanjapa. But, they did not succeed to obtain any details. The plaintiff No.1 has traced out the properties belonged to Munivenkatappa and they are Sy.No.84/2, Sy.No.85/2 and Sy.No.86/2 situated at Kattigenahalli village.