Karnataka High Court
Ashok Shivalingappa Gabbur vs Preeti W/O. Kalabasappa Kapali on 2 March, 2022
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 02 N D DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
MFA No.100471 OF 2022 (CPC)
BETWEEN:
ASHOK SHIVALINGAPPA GABBUR
AGE: 59 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
... PETITIONER
(BY SRI. SHRIHARSH A. NEELOPANT FOR
SRI. AVINASH S. MALIPATIL, ADV.)
AND:
1. PREETI W/O. KALABASAPPA KAPALI
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O: KIRASUR-587115,
TQ. AND DIST: BAGALKOTE.
2. SMT. RATNAVVA W/O. ASHOK GABBUR
AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
3. SMT. ANITA W/O. MALLIKARJUN @ KUMAR
ULLAGADDI,
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: BASAVAN BAGEWADI-586203,
TQ. BASAVAN BAGEWADI, DIST: VIJAYAPURA.
:2:
4. MAHANTESHWARI W/O. RAMESH GABBUR
AGE: 59 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
5. SHRISHAIL S/O. RAMESH GABBUR
AGE: 43 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
6. JYOTI W/O. BASAVARAJ NIDONI
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
7. ANIL S/O. RAMESH GABBUR
AGE: 37 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
8. GURURAJ S/O. RAMESH GABBUR
AGE: 35 YEARS, OCC: STUDENT,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
9. SHIVANAND S/O. SHIVALINGAPPA GABBUR
AGE: 59 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
10. JAYASHREE W/O. DUNDESH PUJARI
AGE: 57 YEARS, OCC: AGRICULTURE
AND BUSINESS,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
:3:
11. MANJULA W/O. SHIVANAND GABBUR
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
12. SUJATA W/O. SHARANU ANANDAPPANAVAR
AGE: 43 YEARS, OCC: HOUSEHOLD,
R/O: RAILWAY STATION ROAD,
BAGALAKOTE-587101.
TQ. AND DIST: BAGALAKOTE.
13. VINOD S/O. SHRISAIL ULLAGADDI
AGE: 35 YEARS, OCC: PVT. JOB,
R/O: NIDAGUNDI - 586213,
TQ: MUDDEBIHAL, DIST: VIJAYAPURA.
... RESPONDENTS
THIS APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF THE
CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED
22.06.2020, PASSED IN R.A. NO.37/2017 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE, AND CHIEF JUDICIAL MAGISTRATE
AT BAGALKOT, PARTLY ALLOWING THE IA NO.5 FILED UNDER ORDER
39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
JUDGMENT
This appeal arises out of grant of injunction restraining the
defendants from alienating the suit properties.
2. It is not is dispute that the case put forth by
defendant No.1/appellant was that there was a partition between
him, his father and his brothers and in that partition, he had
been allotted his share. It is also not in dispute that the suit
properties are joint family ancestral properties. If, the suit
properties are indeed ancestral properties, the daughter of the
appellant herein would have a right by birth and therefore her
share cannot be denied notwithstanding a partition between her
father and his brothers. Whether there was a partition of the
year 1996 or not is a triable issue and whether the said partition
binds the plaintiff or not is also a triable issue.
3. In my view, the grant of interim order restraining the
alienation of the suit schedule 'B' item Nos.2 to 7 and the suit
schedule 'C' item Nos.1 and 2 is just and proper and it does not
call for any interference. I have no reasons to entertain this
appeal and the same is dismissed.
4. It is hereby made clear that any observation made in
this order shall not be construed as rendering opinion on the
merits of the case.
Sd/-
JUDGE
SMM
