SMT. NANDAMMA Vs. SRI. R. NARAYANASWAMY AND ANOTHERS

JUDGEMENT

(1.) Defendant No. 3 in O.S.No. 4170/2008 on the file of XIV Additional City Civil Judge, Bengaluru City has preferred this appeal challenging the order passed by the trial court wherein it has allowed I.A.No. 8 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and has granted temporary injunction restraining defendant No. 3, her agents, representatives or nobody claiming through her from alienating suit schedule property by lease, mortgage, gift deed or any other mode of transfer in favour of third parties pending disposal of the suit.

(2.) Heard the learned counsel appearing for the parties. Perused the impugned order passed by the Trial Court.

(3.) Shri. S. Shivanand, learned counsel appearing for the appellant (defendant No. 3) submits initially defendant no.3 was not made as party to the suit and plaintiff got the appellant impleaded as defendant No. 3 in the suit on 27.01.2011 by which time she has already gifted portion of the suit schedule property in favour of her daughter (Smt. Kokila) who is later impleaded in the suit as defendant No. 4 by executing six gift deeds in her favour and thereby he submits the plaintiff suppressing the said fact, has obtained interim order of temporary injunction on 03.08.2012 restraining appellant/defendant no.3 from alienating the suit property. Therefore he prays for allowing the appeal by setting aside the impugned order passed by the trial court.