TANUSHREE Vs. BASAMMA

JUDGEMENT

(1.) Challenging order dtd. 13/12/2024 passed by Senior Civil Judge and JMFC, Sindagi in O.S.no.8/2022 on IA no.XI, this appeal is filed.

(2.) Sri Bapugouda Siddappa, learned counsel for appellants submitted that appeal was by defendants no.2 to 7 in suit filed by respondent no.1, for partition and separate possession of his half share in suit property etc. It was submitted plaintiff had earlier filed I.A.no.I under Order 39 Rule 1 and 2 of Code of Civil Procedure for temporary injunction. On opposition, said application was rejected by Trial Court by order dtd. 8/12/2022. Despite rejection of earlier application, I.A.no.XI was filed under very same provision, once again for temporary injunction. It was submitted, application would not be maintainable. Despite said contention having being urged, Trial Court passed impugned order. It was further submitted grounds for opposing application by defendants would be same as urged against I.A.no.I. On said ground also impugned order would call for interference. It was lastly submitted appellant was purchaser of suit property after rejection of earlier application for temporary injunction and was a bonafide purchaser. Therefore, passing of order of temporary injunction against appellant was contrary to law. On said grounds sought for allowing of appeal.

(3.) Sri Manvendra Reddy, learned counsel for respondent no.1/plaintiff and learned Additional Government Advocate for respondents no.3 to 5 opposed appeal.