SRI. AJJINA BORAIAH Vs. SMT. MALLAMMA

JUDGEMENT

(1.) The petitioner has preferred this writ petition challenging the order dated 29.06.2018 passed on I.A.No.3 in O.S.NO.31/2018 on the file of Senior Civil Judge and JMFC, Challakere.

(2.) The petitioner is the plaintiff and respondent is the defendant in O.S.No.31/2018, which is filed for partition and separate possession of the suit schedule properties. There are totally 13 items to the schedule of the plaint. The defendant filed an application under section 151 of CPC on 25.06.2018 seeking keys of item No.11 - Basaveshwara Gas Agency Go-down and schedule item No.12 - Mahindra Tractor. The said application was opposed by the plaintiff by filing objection stating that they are joint family properties and Basaveshwara Gas Agency has been closed in the year 2016 itself. Further he submits that the tractor is used for agricultural purpose by joint family. Even though the name of the defendant appears in the R.C the tractor was used for agricultural purpose which work cannot be carried out now because of the present order. He further submits that the suit is between the family members and the tractor was used jointly by the family members. The trial Court on consideration of the application by its order dated 29.06.2018 allowed the I.A. and directed the plaintiff to hand over the keys of item No.11 - Basaveshwara Gas Agency and item No.12 - the Mahindra Tractor to the defendant immediately. The said order is impugned in the present writ petition.

(3.) Heard the learned counsel for the petitioner and respondent - caveator. Perused the writ papers.