JEEVAJYOTHIA SHRAMA SORAB Vs. B P RAMAMANOHARA

JUDGEMENT

(1.) this revision petition is directed against condition nos. 3 and 6 imposed by the learned munsiff in original suit No. 111 of 1990 while rejecting application la. No. Ii filed by first respondent-plaintiff under order 39, rules 1 and 2 read with Section 151, C.P.C.

(2.) the facts are that the first respondent-plaintiff son of respondents 2 and 3 instituted the suit original suit No. 111 of 1990 claiming his 1/3rd share by partition in the property alienated by his parents in favour of the 5th defendant who is the petitioner in this revision petition before this court. The application i.a. No. Ii was for interim injunction to prevent the revision petitioner from putting up construction on the plaint schedule property. The said application was contested and after considering the submissions on both sides, the learned munsiff proceeded to dismiss the application imposing certain conditions of which conditions at serial nos. 3 and 6 are challenged in this revision petition.

(3.) the learned counsel for the plaintiff-first respondent submitted that the revision petition is not maintainable and according to him only an appeal could be filed against order refusing injunction and he relied on decision in Bettegowda v Arasa Hanumaiah.