KOWKUNTLA REJENDRA SETTY Vs. KOWKUNTLA VIJAY KUMAR

JUDGEMENT

(1.) This is a defendant's appeal against the order dated 20.02.2014 on I.A. No. II made in O.S. No. 95/2013 on the file of the Prl. Sr. Civil Judge and CJM, Ballari, granting temporary injunction in favour of the plaintiff restraining the defendant from putting up any further construction in item No. 2 of the suit schedule property pending disposal of the suit.

(2.) The respondent who is the plaintiff before the Trial Court has filed the suit for partition and separate possession against the defendant in respect of the suit schedule properties " item Nos. 1 to 3, contending that the plaintiff and defendant are the members of the hindu joint family and the defendant being the eldest brother and senior most male member of the joint family, he is the karta of the joint family and his father Kowkuntla Virupakshaiah Setty died on 19.03.1982 leaving behind the plaintiff, defendant and three sisters and all three sisters of the plaintiff and defendant are born prior to 17.06.1956. Therefore, they are not entitled to any share in the plaint schedule properties mentioned. The plaintiff further contended that item No. 1 of the plaint schedule which is the residential property and item No. 2 commercial building, both situated at Bellary are joint family properties of the plaintiff and defendant and they have fallen to the share of the Kowkuntla Virupakshaiah Setty i.e., the father of the plaintiff and defendant under a registered partition deed dated 13.12.1963. Item No. 3 of the plaint schedule properties, a commercial shop with godown of the property of M/s. Kowkuntla Virupakshaiah Setty and sons, a partnership firm, wherein the plaintiff, defendant and there father were the partners of the said firm and all are entitled for equal share etc.

(3.) The defendant filed the written statement, denied the plaint averments and contended that the suit schedule properties are not joint family properties and there is no specific defence made by the defendant with regard to the suit schedule properties.