N J RAVISHANKAR Vs. T N SARVAMANGALALABIC

JUDGEMENT

(1.) The plaintiff in O.S.No.6481/2006 on the file of the I Additional City Civil & Sessions Judge, Bengaluru City, Bengaluru (for short the 'learned Civil Court') has filed this appeal impugning the order dated 5.7.2014 passed on I.As 10 and 11. The learned Civil Judge by the impugned order has rejected the two applications filed by the appellant for temporary injunction. The appellant filed I.A.10 for temporary injunction restraining respondent Nos.2 and 4 from alienating or encumbering the suit schedule property and I.A.11 for temporary injunction restraining these respondents from putting up construction in the suit schedule property.

(2.) The parties are referred to as they are arrayed in O.S.No.6481/2016. The plaintiff commenced suit for partition of immovable property described as plots 'D & E' formed in S.No.15 of Bilkasipura Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore, measuring 2 acres (suit schedule property) asserting that he was entitled for 1/4th share therein. The essential crux of the plaintiff's case is that plaintiff's mother (defendant No.1) was married to defendant No.4. Their marriage was dissolved and his mother married his father-deceased N.A.Kumar. His maternal grandmother, Nanjamma, executed nominal sale deed dated 12.6.1975 transferring site bearing No.530 of Hosakerehalli extension in favour of defendant No.4 whose marriage to defendant No.1 by then had been dissolved by decree of divorce. The defendant No.4 sold this property on 16.2.1981 however, utilizing the funds that he has received upon finalization of such sale, he purchased the suit schedule property under the sale deed dated 20.11.1980.

(3.) It is canvassed that though the sale deed was obtained in favour of defendant No.2, defendant No.4 had utilized the sale proceeds received from the sale of the property transferred by Nanjamma. In the aforesaid circumstances, neither defendant No.4 nor defendant No.2 could assert any independent title in the suit schedule property is owned by the joint family comprising of plaintiff and defendants 1 to 3.