B K CHANDRASHEKAR Vs. B C ARUN KUMAR,

JUDGEMENT

(1.) The defendant Nos.1 to 4 filed the present writ petition against the Order dated 17.11.2018 made in O.S.No.25238/2015 on the file of the LXXIII Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, partly allowing the application filed by the plaintiff under Section 151 of Code of Civil Procedure seeking direction to the defendants 1 to 4 to pay the monthly interim maintenance for himself and his family.

(2.) The respondent No.1 herein/plaintiff filed suit for partition and separate possession in respect of suit schedule properties morefully described in schedules 'A' to 'H' to the plaint, contending that the suit schedule properties are the joint family properties of the plaintiff and defendants 1 to 4 and there was no partition in the family and therefore, plaintiff is entitled to 1/4th share. The defendants filed written statement, denied the plaint averments except admitting that plaintiff is the son of defendant Nos.1 and 2 and contended that the suit schedule properties are the self acquired properties of defendant Nos.1 and 2. During pendency of the suit, plaintiff filed an application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure to restrain the defendants from alienating the suit schedule properties. The said application was resisted by the defendants. After contest, the Trial Court, by the Order dated 21.04.2017, allowed the application and restrained the defendants from alienating the suit schedule properties.

(3.) Aggrieved by the said order, defendants filed MFA No.5428/2017 before this Court. After hearing both the parties, this Court, by the Order dated 27.02.2018, allowed the appeal and vacated the Order dated 21.04.2017 passed by the Trial Court and dismissed the application. That order was subject matter of SLP No.11505/2018 before the Hon'ble Supreme Court. The said SLP came to be disposed of with an observation that the alienation of the property scheduled in the partition suit shall be subject to the outcome of the partition suit; and the Trial Court was directed to proceed with the trial uninfluenced by any of the observations and findings made by this Court.