AMMAYAMMA AND ORS Vs. PAPAMMA AND ORS

JUDGEMENT

(1.) Order dated 09.07.2015 passed by the Court below in O.S. No. 639/2014 dismissing I.A. No. 1 filed under Order XXXIX Rules 1 & 2 read with Section 151 CPC by the plaintiffs - appellants herein and allowing I.A. No. 3 filed by defendant No. 9 under Order XXXIX Rule 4 read with Section 151 CPC vacating the order of status-quo granted is called in question in this appeal.

(2.) Appellants are the plaintiffs. Whereas, respondents are defendants 1 to 10 in the Court below. The suit is filed by the plaintiffs seeking partition and separate possession of their share in the suit schedule properties along with a declaratory relief that the Sale Deeds dated 24.09.2005, 17.04.1995, 20.02.1972, 17.10.1968, 26.04.1966, 15.05.1964 and 22.07.1965 executed in respect of schedule properties were not binding on the plaintiffs' share and that defendants 5 to 10 - purchasers of the property did not derive any right, title or interest over the properties by virtue of the said Sale Deeds. Plaintiffs have also sought for permanent injunction to restrain defendant No. 10 from alienating or encumbering the suit schedule properties.

(3.) According to the plaintiffs, one Chinnipiga @ Chinnappa was the propositus. Appellant No. 1 - plaintiff No. 1 (wife of Muniyellappa) and respondent No. 1 - defendant No. 1 (wife of Munithanappa) are his daughters-in-law. Appellant No. 2 - plaintiff No. 2 is the daughter of appellant No. 1 - plaintiff No. 1. Whereas, respondent No. 4 - defendant No. 4 is the son of Chinnipiga. It is urged by the plaintiffs that Chinnipiga had three sons by name Munithanappa, Muniyellappa and Muniyappa. Plaintiffs along with defendants 1 to 4 claimed to be members of the family of the propositus Chinnipiga.