UNION BANK OF INDIA Vs. VIDYA JAYARAM

JUDGEMENT

(1.) Heard the learned counsel for the appellant, the learned counsel for the caveator/respondent No.1 and the learned counsel for the respondent Nos.13 and 14.

(2.) This appeal is filed challenging the order dtd. 19/4/2023 passed on I.A.Nos.1 and 2 in O.S.No.1843/2023 allowing the applications granting the relief of temporary injunction in favour of the plaintiff/respondent No.1.

(3.) The factual matrix of the case of the plaintiff in a suit filed for the relief of declaration and injunction it is contended that the plaintiff is the sole, absolute owner and in actual possession of the property, which is morefully described in the schedule. It is contended that originally late Veerappa and his children partitioned the properties vide partition deed dtd. 5/2/1974 and the suit schedule property was allotted to the share of the plaintiff's husband S.V.Jayaram. The said S.V.Jayaram died on 15/2/2014 and after the death of the plaintiff's husband, all the revenue records were transferred in favour of the plaintiff. The plaintiff has two sons, first son Sandeep and second son Sachindra. The plaintiff and her first son Sandeep are jointly residing at second floor of the suit schedule property and the second son Sachindra and his wife Smt. Shobha i.e., defendant No.5 and their children are jointly residing at first floor of the suit schedule property. The ground floor is let out for auditor office. The defendant No.5 is the wife of Sri Sachindra and the daughter-in-law of the plaintiff.