MULLA AHMED ALI BAIG Vs. MULLA JAIBUNNISA BEGUM

JUDGEMENT

(1.) RESPONDENTS 1 to 5 filed O. S. No. 53 of 2000 in the court of II additional District Judge, Kadapa at Proddatur against the petitioner and respondents 6 to 13 for the relief of partition and separate possession of the suit schedule property.

(2.) THAT suit was tried along with O. S. No. 13 of 2002. A preliminary decree was passed determining the shares of the respective parties in different schedules of properties. During the pendency of the suit, they filed I. A. No. 753 of 2002 in O. S. No. 53 of 2000 under Order 39 Rules 1 and 2 CPC to restrain the petitioner from alienating the suit schedule property and an order of temporary injunction was passed.

(3.) AFTER passing the preliminary decree, the respondents 1 to 5 filed i. A. No. 377 of 2009 under Order 38 Rule 5 CPC seeking attachment of items C and e of the suit schedule properties. The petitioner opposed the application stating that it is not maintainable. The trial court passed an order dated 21. 3. 2009 directing attachment of the properties. The same is challenged in this c. R. P.