SRI. V. KRISHNA CHAR Vs. SRI. SUNDARA MURTHY

JUDGEMENT

(1.) Petitioners are before this Court, assailing the order dated 16-01-2014 passed on I.A.Nos. 1 and 3 in O.S.No.18/2013 on the file of the Senior Civil Judge, Anekal and also the order dated 05-04-2014 passed in M.A.No.5005/2014 on the file of the III Additional District and Sessions Judge, Anekal.

(2.) Petitioners are plaintiffs and respondents are defendants in O.S.No.18/2013 filed for partition. It is the case of the plaintiffs that the suit schedule properties are joint family properties as they are all granted lands. Along with the suit, the petitioners/plaintiffs filed application under Order 39 Rules 1 and 2 of Civil Procedure Code seeking an order of restraint, restraining the defendant No.1 from alienating the suit schedule properties in favour of any third parties and changing the nature of the suit schedule properties, during the pendency of the suit. The trial Court, by its order dated 16-01-2014 rejected the applications I.A.No.1 and 3 holding that the plaintiffs have not made out prima facie case for grant of injunction to restrain the defendants from alienating the suit schedule properties. Aggrieved by the said order, the petitioners/plaintiffs filed M.A.No.5005/2014. The Appellate Court by its order dated 05-04-2014 rejected the appeal and confirmed the order passed by the trial Court on I.A.Nos.1 and 3 in O.S.No.18/2013. Aggrieved by orders of both the courts below, the petitioners/plaintiffs are before this Court.

(3.) Heard the learned counsel for the petitioners and perused the writ papers.