NARAYANAPPA A. Vs. LAKSHMAMMA

JUDGEMENT

(1.) These appeals are filed challenging the common order dtd. 1/7/2016 passed on I.A.Nos.1, 2 and 6 in O.S.No.7448/2013 questioning allowing of those IAs restraining by way of an order of temporary injunction from alienating or creating charge over the suit schedule property till the disposal of the suit and also directing to maintain status quo in respect of item No.1 of the suit schedule property and the plaintiffs and defendant Nos.1 to 5, 14 and 15 are directed to maintain status quo in respect of item Nos.1 to 3 of the suit schedule properties from changing the nature of the suit pending disposal of the suit.

(2.) The plaintiffs have filed the suit against the defendants seeking the relief of declaration to declare that the plaintiffs are entitled to 1/5th share in the suit schedule properties and that the plaintiffs are in physical possession of the same and declare that two confirmation deeds dtd. 9/1/2013 in respect of suit schedule properties are not binding on the plaintiffs. While claiming such reliefs it is contended that plaintiff No.1 is the wife of one late Venkateshappa and she is the mother of plaintiff Nos.5 to 11 and plaintiff Nos.2 to 4 are the wife and children of one late Narayanaswamy who is the elder son of late Venkateshappa and plaintiff No.1-Smt. Lakshmamma and defendant Nos.1 and 2 are the uncles of plaintiff Nos.5 to 11 and defendant Nos.6 to 8 and defendant No.14 is one of the grand daughter of late Venkateshappa and defendant Nos.9 to 13 are the children of defendant No.1 and cousin brothers and sisters of plaintiff Nos.5 to 11. In order to substantiate the same, genealogical tree also produced.

(3.) It is the contention of the plaintiffs that the properties bearing old Sy.No.52/3, new Sy.No.52/3B measuring to an extent of 35 guntas including 2 guntas of kharab, new Sy.No.52/3A1 measuring to an extent of 1 acre 9 guntas and 11 guntas of kharab, new Sy.No.52/3A2 measuring to an extent of 1 acre 24 guntas and 1 gunta kharab situated at Horamavu Agara village, K R Puram hobli, Bangalore East Taluk, Bangalore are the ancestral and joint family properties of the plaintiffs and defendant Nos.1 to 14. The said properties were in the name of Chikka Muniswamappa who is the propositus of the family. During the lifetime of said Chikka Muniswamappa, he was in peaceful possession and enjoyment of the suit schedule property and cultivating the same personally and he died on 11/2/1978 leaving behind his wife and children to succeed his estate. After his death, the property was continued with his wife and children as they are the absolute owners in possession of the same by mutating the revenue entries in their names. Hence, they are entitled for share in the suit schedule properties.