VENKANNA Vs. ARUN

JUDGEMENT

(1.) THE petitioner, who is the unsuccessful plaintiff, before the appellate court in M.A. No.123/2012, reversing the order passed by the trial court on I.A. No.II dated 17.11.2012, made in O.S. No.2072/2012, is before this Court.

(2.) THE petitioner/plaintiff filed O.S. No.2072/2012 for partition and separate possession in respect of the suit schedule property, contending that the plaintiff and defendants are the members of the joint family and he is entitled to a share. The said suit was resisted by the defendants by filing written statement and denied the plaint averments and contended that in view of the earlier partition, the very suit filed by the plaintiff is not maintainable and earlier suit filed by him for permanent injunction has also been dismissed.

(3.) DURING the pendency of the suit, the plaintiff filed IA No.II under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short), for an order of temporary injunction against the 2nd defendant restraining 2nd defendant from putting up any construction in any portion of the suit schedule property, till the disposal of the suit. The said application was resisted by 2nd defendant. After considering the application and objection, learned Addl. Civil Judge and JMFC, Belgaum, by his order dated 17.11.2012, allowed I.A. No.II and granted temporary injunction restraining 2nd defendant or any person claiming through or under him, from putting up any type of further construction in any portion of the suit schedule property till the disposal of the suit, holding that the plaintiff has established prima facie case and balance of convenience in his favour.