G R RAGHAVENDRA SWAMY Vs. NAGARATHNA BAI

JUDGEMENT

(1.) The unsuccessful second defendant has filed the present writ petition against the order dated 24.11.2018 passed in M.A.No.19 of 2018 on the file of the 3rd Additional District Judge, Shivamogga as per Annexure 'L' dismissing the appeal, confirming the order passed by the Trial Court dated 18.06.2018 on I.A.No.8 in O.S.No.180 of 2016 as per Annexure 'J', granting temporary injunction in favour of the plaintiffs, restraining defendant No.2 from alienating Item Nos.2 to 5 of suit schedule property till the disposal of the suit.

(2.) For the sake of convenience, the parties are referred to as per their ranks before the Trial Court.

(3.) The respondents No.1 and 2 herein who are the plaintiffs before the Trial Court filed a suit seeking for partition of half the share of plaintiff No.1 and half of the share of plaintiff No.2 of the suit schedule property and alternatively, to declare that the registered Will dated 19.09.2003 executed and registered by S.R.Krishna Singh is void and not binding on the rights of the plaintiffs; to declare that the registered Sale Deeds and Sale Agreement executed by the 1st defendant in favour of the 2nd defendant are all void and not binding on the rights of the plaintiffs and consequently direct the defendants to put the plaintiffs No.1 and 2 in vacant possession of the said properties.