VENKATESH Vs. NARAYANAPPA AND ORS.

JUDGEMENT

(1.) SINCE common order dated 29.11.2014 passed by the court below on I.A. Nos. 1 & 2 in O.S. No. 548/2014 are called in question in these two appeals, they are clubbed, heard together and disposed of by this common judgment.

(2.) I .A. No. 1 was filed by the plaintiff seeking an order of temporary injunction restraining the 5th defendant from changing the nature of the suit schedule property. I.A. No. 2 was filed by the plaintiff seeking an order of temporary injunction restraining the 5th defendant from alienating the suit schedule property. Both the applications are dismissed by the court below by the common order dated 29.11.2014. It is this order that is under challenge in these two appeals by the plaintiff -appellant herein.

(3.) THE case of the plaintiff has been that Smt. Madakka - mother of the 1st defendant was the owner of the property having purchased the same during 1982. She being a widow had put the property for division among her children and a palupatti was executed on 10.10.1993. As per the said palupatti, the suit property fell to the share of Narayanappa and therefore, Narayanappa could not have sold the property along with his other sons and daughter excluding the plaintiff in favour of the 5th defendant during the year 2013. Thus, plaintiff sought for partition of his 1/5th share and for a declaration that the sale deed was not binding on him.