MAJEEDA KHANAM Vs. AHMED KHAN

JUDGEMENT

(1.) This Miscellaneous First Appeal is instituted under Order XLIII Rule 1 (r) of the Code of Civil Procedure, (for short, "CPC") 1908, by the appellants herein, who are aggrieved by the order dtd. 15/2/2025 passed by the learned Senior Civil Judge and J.M.F.C., Channapatna in I.A.No.I in O.S.No.307/2024. In the said application filed by the plaintiffs under Order XXXIX Rule 1 and 2 read with Sec. 151 of the CPC, the appellants sought for an order of temporary injunction restraining the respondents from alienating the suit schedule property, more particularly Item No. 2, pending disposal of the suit. The Trial Court, by the impugned order dismissed the said application which has prompted the appellants to approach this Court seeking redressal by way of an appropriate interim order during the pendency of the suit.

(2.) The factual matrix of the case, as brought on record, reveals that the suit schedule property originally belongs to one Haider Khan, who is stated to have acquired the same from the joint family income during his lifetime. It is not in serious dispute that Haider Khan had 11 children, and the appellants and respondents are all the descendants and legal heirs of the said Haider Khan. According to the appellants, there was no formal partition of the suit schedule properties during the lifetime of Haider Khan, or at any point thereafter.

(3.) It is further case of the appellants that, the properties continued to be held and enjoyed jointly by the legal heirs of Haider Khan and were used commonly including for agricultural purposes by several members of the extended family.