SHANTHAMMA Vs. S KANTHA

JUDGEMENT

(1.) These appeals are filed by the plaintiffs in OS.No.923/2009 on the file of the V Addl. City Civil Judge at Bengaluru City impugning the orders by the Trial Court rejecting the two interim applications filed by the appellants for temporary injunction against the respondents from changing the nature and from alienating and creating the third party rights in the land in Sy.No.165/9 of Doresanipalya, Bilekanahalli village, Begur Hobli, Benglauru South Taluk, measuring 3 acres 10 guntas (for short ' the Suit Schedule Property').

(2.) The appellants filed two interim applications under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (for short 'the CPC'); and the appellants filed the first of such applications along with the plaint seeking temporary injunction against all the defendants/respondents from alienating or creating third party rights over the Suit Schedule Property and the second application (IA No.9) on 16.10.2015 for temporary injunction only against certain defendants/ respondents viz., the first, third, fourth, fifth and sixth defendants/respondents from changing the nature of the Suit Schedule Property. The Trial Court rejected these two interim applications by separate orders dated 206.2016 and 31.05.2017 that are impugned in these appeals.

(3.) In MFA No.5353/2016 the appellants have impugned the Trial Court's order dated 22.06.2016 rejecting IA No.9 filed by the appellants for grant of temporary injunction restraining the first, third to sixth defendants/respondents from changing the nature of the Suit Schedule Property; and in MFA No.7212/2017, the appellants have impugned the Trial Court's order dated 31.05.2017 rejecting the earlier application filed for grant of temporary injunction against all the defendants from alienating/creating charge over the Suit Schedule Property.