Karnataka High Court

Pramila vs Smt Hanumakka on 4 April, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                             MFA No. 7444 of 2018




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                  DATED THIS THE 4TH DAY OF APRIL, 2024

                                                 BEFORE
                              THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                           MISCELLANEOUS FIRST APPEAL NO.7444 OF 2018 (CPC-)
                      BETWEEN:

                      PRAMILA
                      D/O LATE THAMMAIAH,
                      (S/O LATE YELLAPPA)
                      R/AT NO.6, SPENCER ROAD,
                      FRAZER TOWN,
                      BANGALORE-05
                                                                     ...APPELLANT
                      (BY SRI. G.D.ASWATHANARAYANA &
                          SRI. MITHUN G.A., ADVOCATE)

                      AND:

                      1.     SMT HANUMAKKA
                             W/O LATE THAMMAIAH,
                             (S/O LATE YELLAPPA),
Digitally signed by
                             AGED ABOUT 75 YEARS,
VANDANA S                    NO.23, 5TH (1) CROSS,
Location: High
Court of Karnataka           4TH BLOCK, RAJAJINAGAR,
                             S.R.DINNE,
                             BANGALORE-10

                      2.     SRI. KRISHNAPPA
                             S/O LATE YELLAPPA,
                             AGED ABOUT 77 YEARS,
                             R/AT GOVINDAPURA,
                             ARABIC COLLEGE POST,
                             BANGALORE-45
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3.   SMT. VENKATAMMA
     SINCE DECEASED BY LRs.

3.1 SMT. JAYAMMA,
    W/O. SRI. PILLAPPA,
    D/O. LATE RAMAIAH,
    AGED ABOUT 58 YEARS,
    C/O NO.30, 11TH MAIN ROAD,
    VASANTHNAGAR, BENGALURU - 52.

3.2 SMT. RATNAMMA,
    D/O. LATE RAMAIAH,
    AGED ABOUT 55 YEARS,
    NO.16, AT STREET,
    6TH CROSS, VASANTHNAGAR,
    BENGALURU - 52.

3.3 SRI. RAJANNA,
    S/O. LATE RAMAIAH,
    AGED ABOUT 52 YEARS,
    NO.30, 11TH MAIN ROAD,
    VASANTHNAGAR,
    BENGALURU - 52.

3.4 SRI. KRISHNA R.,
    S/O. LATE RAMAIAH,
    AGED ABOUT 44 YEARS,
    NO.76, 7TH CROSS,
    VASANTHANAGAR,
    BENGALURU - 52.

3.5 SRI. NARAYANA R.,
    S/O. LATE RAMAIAH,
    AGED ABOUT 41 YEARS,
    NO.68, 7TH CROSS,
    VASANTHNAGAR,
    BENGALURU - 52.
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3.6 SMT. SARASWATHI,
    W/O. RAMACHANDRA,
    D/O. LATE RAMAIAH,
    AGED ABOUT 38 YEARS,
    NO.415/B4, 20TH MAIN,
    1ST BLOCK, RAJAJINAGAR,
    BENGALURU - 10.

3.7 SMT. JAYALAKSHMI,
    W/O. SOMASHEKAR,
    D/O. LATE RAMAIAH,
    AGED ABOUT 35 YEARS,
    NO.G1, 4TH BLOCK,
    APTS QUARTERS,
    BEGALUR CROSS,
    IAF POST, YELAHANKA,
    BENGALURU - 63.

3.8 SRI. SHASHIDHAR R.,
    S/O. LATE RAMAIAH,
    AGED ABOUT 32 YEARS,
    NO.7/1-1, MT STREET,
    8TH B-CROSS, VASANTHNAGAR,
    BENGALURU -52.

4.   SMT. AKKAYYAMMA
     W/O LATE D RAMAIAH
     (S/O LATE VENKATA @ DODDONU)
     AGED ABOUT 83 YEARS,

5.   R VENKATESH
     S/O LATE D RAMAIAH
     (S/O LATE VENKATA @ DODDONU)
     AGED ABOUT 53 YEARS,

6.   MUDDAIAH
     S/O LATE D RAMAIAH
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     (S/O LATE VENKATA @ DODDONU)
     AGED ABOUT 70 YEARS,

7.   SMT. SULOCHANAMMA
     W/O LATE R KRISHNAPPA
     (S/O LATE D RAMAIAH)
     AGED ABOUT 63 YEARS,

8.   K.S.PRASANNA KUMAR
     S/O LATE R KRISHNAPPA
     (S/O LATE D RAMAIAH)
     AGED ABOUT 42 YEARS,

9.   SMT. MOTAMMA
     W/O LATE D. MUNISWAMY,
     (S/O LATE VENKATA @ DODDONU)
     AGED ABOUT 82 YEARS,

10. DODDANNA
    S/O LATE D. MUNISWAMY,
    (S/O LATE VENKATA @ DODDONU)
    AGED ABOUT 53 YEARS,

     RESPONDENT NOS.4 TO 10
     RESIDING AT GOVINDAPURA VILLAGE,
     ARABIC COLLEGE POST,
     BENGALURU - 45

11. NAGARAJ
    S/O LATE D. MUNISWAMY,
    (C/O MUNIVENKATAPPA,)
    AGED ABOUT 40 YEARS,
    R/AT ULAVANAHALLI VILLAGE,
    BYLANARASAPURA POST,
    NANDAGUDI HOBLI,
    HOSAKOTE TALUK
    BANGALORE RURAL DISTRICT - 562 122.
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12. RAJANNA @ RAJA
    S/O LATE ANNAYYAPPA @ MUDDAIAH,
    (S/O LATE VENKATA @ DODDONU)
    AGED ABOUT 61 YEARS,

13. VENKATAPPA
    S/O LATE ANNAYYAPPA @ MUDDAIAH,
    (S/O LATE VENKATA @ DODDONU)
    AGED ABOUT 59 YEARS,

14. R ANAND
    S/O RAJANNA @ RAJA
    (S/O LATE ANNAYYAPPA @ MUDDAIAH)
    AGED ABOUT 38 YEARS,

    RESPONDENT NOS.12 TO 14 ARE
    RESIDING AT GOVINDAPURA VILLAGE,
    ARABIC COLLEGE POST,
    BANGALORE-45

15. SMT. MUNI YELLAMMA
    D/O LATE PAPAIAH,
    (S/O LATE PAPAIAH)
    AGED ABOUT 59 YEARS,
    R/AT 337, SONAPPANAHALLI VILLAGE,
    BETTAHALASUR POST,
    BANGALORE NORTH TALUK
    BANGALORE-52

16. SRINIVASA
    S/O LATE PAPAIAH,
    (S/O LATE PAPAIAH)
    AGED ABOUT 57 YEARS

17. MANJULA
    D/O LATE PAPAIAH,
    (S/O LATE PAPAIAH)
    AGED ABOUT 42 YEARS
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    RESPONDENT NOS.16 AND 17 ARE
    R/AT NO.1, BEHIND IMPACT COLLEGE,
    SAHAKAR NAGARA POST,
    KODIGAHALLI, BANGALORE - 560 092.

18. SMT. YELAMMA
    W/O LATE NARAYANA
    (S/O LATE PAPAIAH)
    AGED ABOUT 42 YEARS
    R/AT NO.115, JYOTINAGARA,
    HORAMAVU, AGARA POST,
    BANGALORE-43

19. SMT. AMMAYAMMA
    W/O LATE MUDDAIAH,
    (S/O LATE MUNIYELLAPPA)
    AGED ABOUT 70 YEARS
    R/AT NO.548, 5TH MAIN,
    PIPELINE ROAD, SRINAGARA,
    BANGALORE-50

20. SMT. MUNIRATHNAMMA
    W/O LATE RAMAKRISHNAPPA
    (S/O LATE MUNIYELLAPPA)
    AGED ABOUT 62 YEARS
    R/AT WARD NO.42, NEHRU ROAD,
    KUVEMPUNAGARA,
    HOSA GUDDADA HALLI
    BANGALORE-26

21. SMT. RATHNAMMA
    W/O LATE RAMAKRISHNAPPA
    (S/O LATE MUNIYELLAPPA)
    AGED ABOUT 60 YEARS
    R/AT NEHRU ROAD,
    KUVEMPUNAGARA,
    HOSA GUDDADA HALLI
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    NEAR SRI. AYYAPPA TEMPLE
    BANGALORE-26

22. SMT. SHANTHAMMA
    W/O LATE PUTTASWAMY
    (S/O LATE MUNIYELLAPPA)
    AGED ABOUT 60 YEARS

23. KUMARASWAMY
    S/O LATE PUTTASWAMY
    (S/O LATE MUNIYELLAPPA)
    AGED ABOUT 45 YEARS

24. LOKESH
    S/O LATE PUTTASWAMY
    (S/O LATE MUNIYELLAPPA)
    AGED ABOUT 43 YEARS

    RESPONDENT NOS.22 TO 24 ARE
    R/AT WARD NO.42, NEHRU ROAD,
    KUVEMPUNAGARA,
    HOSA GUDDADA HALLI, BANGALORE-26

25. SMT. GOWRAMMA
    W/O LATE BASAVARAJU
    (S/O LATE KARIBASAPPA)
    AGED ABOUT 69 YEARS

26. CHANDRA
    S/O LATE BASAVARAJU
    (S/O LATE KARIBASAPPA)
    AGED ABOUT 39 YEARS

27. SHIVA
    S/O LATE BASAVARAJU
    (S/O LATE KARIBASAPPA)
    AGED ABOUT 37 YEARS
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    RESPONDENT NOS.25 TO 27
    R/AT NO.37, HAINES ROAD, PULAKESHINAGARA
    (FRASER TOWN), BANGALORE-05

28. SMT. GANGAMMA
    W/O LATE K. NAGARAJU,
    (S/O LATE KARIBASAPPA)
    AGED ABOUT 64 YEARS
    R/AT NO.20/14 AND 20/15,
    MADHAVACHAR STREET,
    K.R.MAHAL, MYSORE-04

29. NANJUNDASWAMY
    S/O LATE KARIBASAPPA
    MAJOR

30. GURUSWAMY
    S/O LATE KARIBASAPPA
    MAJOR

    RESPONDENT NOS.29 AND 30 ARE
    R/A GOVINDAPURA
    ARABIC COLLEGE POST
    BANGALORE-45

31. UDAY SHANKAR
    FATHER NAME NOT KNOWN
    MAJOR
    R/A GOVINDAPURA TO VEERANNA
    PALYA MAIN ROAD
    NEAR VYALIKAVAL HOUSING BOARD SOCIETY
    PROPERTY,
    GOVINDAPURA ARABIC COLLEGE POST
    BANGALORE-45

32. RAJENDRAKUMAR JAIN
    S/O R ROOPARAJ JAIN
    MAJOR
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   R/A NO.48
   N S MARKET, D K LANE
   CHIKKPET CROSS
   BANGALORE-53

33. R HEMALATHA JAIN
    W/O RAJENDRA KUMAR JAIN
    MAJOR
    R/A NO.4, 6TH CROSS
    R T STREET CROSS
    BANGALORE-53

34. R BYREGOWDA
    S/O LATE B RAMAIAH
    MAJOR, R/A GOVINDAPURA
    ARABIC COLLEGE POST
    BANGALORE-45

35. B GOVINDARAJU
    S/O P BALAPPA
    MAJOR

36. B SRINIVASA
    S/O P BALAPPA
    MAJOR

   RESPONDENT NOS.35 AND 36
   ARE R/A TCH COLLEGE ROAD
   NAGAVARA, ARABIC COLLEGE POST
   BANGALORE-45

37. SRINIVASA
    S/O LATE CHANNA REDDY
    MAJOR, R/A NO.432
    IV CROSS, 3RD BLOCK
    HRBR LAYOUT
    KALYANA NAGARA
    BANGALORE-43
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38. D GANESH
    S/O LATE DODDAMUNIYAPPA
    MAJOR
    R/A VISHWANATHA NAGENAHALLI
    R T NAGAR POST
    BANGALORE-32

39. MAHENDRA KARLE
    S/O LATE L.T.KARLE
    MAJOR

40. KALPANA JAGADEESH @ KALPANA BELUR
    W/O JAGADEESH BELUR
    MAJOR

41. LAKSHMI S NARAYANA
    D/O N S VENKATARAMU
    MAJOR

42. G R BHASKAR
    S/O G N RAMASWAMY
    MAJOR

    RESPONDENT NOS.39 TO 42 ARE
    KARLE GROUPS
    R/A NO.151, INDUSTRIAL
    NEAR YESHWANTHAPURA METRO
    OPP.BANGALORE-22

43. SMT K SUSHEELA
    W/O SRI KRISHNA AL
    AGED ABOUT 50 YEARS
    R/A NO.284, GANDHI ROAD
    KANCHIPURAM
    TAMIL NADU - 631 501

44. P V GOVINDACHAR
    FATHER NAME NOT KNOWN
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    MAJOR
    R/A DEVAGIRI BUILDERS
    AN PROMTERS PVT LTD
    BANGALORE

45. SMT MARY JAYASHREE
    W/O LATE ANTHONYSWAMY @ C PATRI
    MAJOR
    R/A NO.23, 515 COLONY
    NEW THIPPASANDRA, HAL POST
    BANGALORE-75

46. THE COMMISSIONER
    BANGALORE DEVELOPMENT AUTHORITY
    CHOWDARIAH ROAD
    PALACE GUTTAHALLI
    BANGALORE-20

47. THE VYALIKAVAL HOUSE BUILDING CO-OPERATIVE
    SOCIETY LTD
    NO.100, 11TH CROSS
    6TH MAIN, MALLESWARAM
    BANGALORE-3

48. BHAGYA
    D/O LATE THAMMAIAH
    (S/O LATE YELLAPPA)
    R/A KAVERI NAGAR
    KAMAKSHI PALYA
    BANGALORE-79

49. JAYALAKSHMI
    D/O LATE THAMMAIAH
    (S/O LATE YELLAPPA)
    AGED ABOUT 48 YEARS
    R/A NO.6, SPENCER ROAD
    FRAZER TOWN
    BANGALORE-560005
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50. T MUNIRAMAIAH
    S/O LATE THAMMAIAH
    (S/O LATE YELLAPPA)
    AGED ABOUT 53 YEARS
    R/A NO.16, NANDANA GARDEN
    1ST MAIN, 1ST CROSS
    SONA CITY ROAD
    BANGALORE-60

                                                 ...RESPONDENTS
(BY SRI. RAVIKUMAR T.K., &
    SRI. B.S.RADHANANDAN & SRI. NANDAN KASHYAP, ADV.
    FOR CAV - R39;
    SRI. AJESH KUMAR, ADV. FOR R40)

      THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC AGAINST
THE ORDER DT.30.07.2018 PASSED ON IA NO.1 IN
O.S.NO.25828/2008 ON THE FILE OF THE XXVIII ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-
29).

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                           JUDGMENT

This appeal by plaintiff No.1 in O.S.No.25828/2008 is

directed against the impugned order passed on I.A.No.1/2018 by

the XXVIII Addl. City Civil Judge, Mayohall Unit (CCH-29),

Bengaluru, whereby the said application filed by defendant Nos.39

to 42 to vacate the ex-parte interim order of temporary injunction

passed against them in favour of the plaintiffs to an extent of item

Nos.4 and 5 of the Schedule 'A' property was allowed by the Trial

Court.

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2. Heard learned counsel for the petitioner and learned

counsel for respondent Nos.39 and 40 and perused the material on

record.

3. A perusal of the material on record will indicate that in

the aforesaid suit for partition and separate possession filed by the

appellant - plaintiff No.1 and other plaintiffs, the Trial Court passed

an order of temporary injunction against respondents - defendant

Nos.39 to 42, who subsequently filed the instant application

seeking vacating of the said order of temporary injunction. The

said application having been opposed by the appellant - plaintiff

No.1 and other plaintiffs, the Trial Court proceeded to pass the

impugned order allowing I.A.No.1/2018 by holding as under:

"ORDERS ON IA No.I/2018

"This application is filed by the Defendant Nos.39 to 42 under Order XXXIX Rule 4 r/w Section 151 of CPC praying to vacate the ex-parte order of temporary injunction passed against the Defendant Nos. 39 to 42.

2. The Defendant No.39 in the affidavit accompanying the application has stated as follows:

guntas situated at Nagarawara village, Kasaba Hobli, Bangalore North Taluk, originally belonged to

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Munisadappa S/o Chikkahanumappa by virtue of the registered Sale Deed dtd: 2.9.1966. The said Munisadappa died intestate leaving behind his two sons Muniyappa and Hanumappa. The said property was got converted for non- agricultural purpose as per the order dtd: 27.11.1992 passed by the Special Deputy Commissioner. Subsequently, the property was sold by Munisadappa and Hanumappa in favour of Defendant No. 41 by virtue of the registered Sale Deed dtd: 10.10.2001. The Khatha is also made out in favour of the Defendant No.41. Thus, the Defendant No.41 has acquired the absolute right, title and interest over the property.

3. The Defendant No.42 is the absolute owner and is in peaceful possession and enjoyment of the agricultural land in Sy No. 93/2 measuring 8 ¼ guntas. The said property originally belonged to Smt. Sanjeevamma who acquired the same under the registered Sale Deed dtd: 1.7.1992 from its previous owner R. Krishnaiah. The said property was sold by Smt. Sanjeevamma in favour of Defendant No.42 by a registered Sale Deed dtd: 11.12001.

The Defendant No.39 is the absolute owner and is in peaceful possession and enjoyment of the property bearing Sy No. 93/2 measuring 16 ¾ guntas. This property was acquired by the Defendant No. 39 under the Sale Deed dtd: 23.3.2006. He was stated that in the year 1959 Doddiah and his brother had already partitioned the property and Doddaiah was exercising his right in respect of the properties allotted to his share from the year 1959 and he was residing separately. There was oral partition and the revenue records were also changed in the name of

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the respective families. Therefore, there was no status of joint family amongst the children of Daddaiah. Therefore, the Defendant Nos.39 to 42 have acquired the absolute right over the Sy.No.93/2 which is the item No.4 of the Plaint 'A' Schedule Property and the Plaintiffs and Defendant Nos.1 to 24 have no right or interest over the property.

4. The property bearing Sy.No.94/10 measuring 1 acre 12 guntas belonged to Smt. Guramma wife of Doddaiah @ Doddanu @ Venkatappa by virtue of the Sale Deed dtd: 16.11.1924. Under the oral partition amongst the children of Guramma, an extent of 34 guntas in said survey number was allotted to the share of Annayappa, an extent of 9 guntas to the share of Ramaiah, an extent of 9 guntas to the share of Muniswamappa. The property is the absolute property of Smt. Guramma and the Plaintiffs cannot claim that it is the joint family property. The 17 guntas of land out of the 34 guntas was converted by Rajanna S/o Annayappa in favour of K. Susheela under the registered Sale Deed dtd: 22.2.2007. Subsequently, Rajanna and his children and K. Susheela joined together and converted the property bearing Sy.No.94/10 measuring 34 guntas in favour of Defendant No.36 under the Sale Deed dtd: 25.8.2007.

5. Sri. Ramaiah the father of Defendant Nos.5 and 6 and father- in-law of Defendant No.7 died intestate leaving behind his three sons namely R. Venkatesh, Defendant No.5 and Defendant No.6. There was a partition amongst the Defendant Nos.5 to 7 by the Partition Deed dtd:

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17.5.2007. Under the partition 03 guntas in Sy.No.94/10 was allotted to the share of Defendant No.5, 03 guntas was allotted to the JUDshare of Defendant No.6 and 03 guntas in favour of Defendant No.7. The Defendant No.39 has purchased the 03 guntas of land from K.Susheela and her children by a Sale Deed dtd: 17.8.2007. Sri. Muniswamappa S/o Doddalah died intestate leaving behind his wife Mottamma and children Doddanna and Nagaraj who are Defendant No.9 to 11. The Defendant Nos.9 to 11 were enjoying the 09 guntas of land in Sy.No.94/10. They sold the same in favour of Defendant No.39 under the Sale Deed dtd: 23.3.2006. The Defendant No.39 by Deed of Exchange dtd: 14.6.2007 converted the property in favour of the Defendant No.40. Therefore, the 09 guntas of land in Sy.No.94/10 belongs to Defendant No.40. The Defendant No.39 is the owner of 03 guntas and Defendant No.42 is the owner of 37 guntas of in Sy.No.94/10. Therefore, the property is not the joint family property of the Plaintiffs and is not available for partition.

The revenue records stood in the name of the children of Doddaiah from 1960 onwards and was changed subsequently. Therefore, the suit is filed after thelapse of 47 years and therefore, the Defendant Nos.39 to 42 have prayed to allow the application.

6. The Plaintiffs have filed the objections to the above application. The Plaintiffs have denied the contents of the affidavit filed in support of the application. They have stated that the perusal of the plaint shows that according to the genealogical tree of Dodda Venkatappa, they are the

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legal heirs of Dodda Venkatappa. He was holding immovable properties and on his death they have inherited the properties. Some of the properties stood in the name of the Defendants. Dodda Venkatappa was also called as Doddanna. The name of his sons is Venkatappa. He was also called as Venkatappa @ Doddaiah @Doddanna. He had three other brothers. All these properties were enjoyed by them. Therefore, the Plaintiffs have prayed to dismiss the application.

7. Perused the applications, objections, case records and heard the counsels for the Plaintiffs and Defendants.

8. Now the points that arise for my consideration is:-

1) Whether the plaintiffs have made out a prima facie case for grant of temporary injunction as prayed in the I.A.No.I in respect of Item No.s.4 and 5 of the Schedule 'A' Properties?

2) Whether the balance of convenience is in favour of the plaintiffs in granting the order of Temporary Injunction?

3) Whether the irreparable injury would be caused to the plaintiffs, if an order of injunction is not granted?

4) Whether the Plaintiffs are entitled for the relief of temporary injunction as prayed in IA.No.I respect of Item No.s.4 and 5 of the Schedule 'A' Properties?

5) Whether the interim order of temporary injunction passed on 19.6.2008 respect of Item No.5.4 and 5 of the Schedule 'A' Properties has to be vacated?

6) What order?

9. My findings on the above points is as under

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Point No.1 to 4 : In the Negative.

Point No.5 : In the Affirmative.

Point No. 6 : As per the final order for the following:

REASONS

10. Point Nos.1 to 3: While considering the application for temporary injunction, the Court cannot hold a mini trial and cannot give a finding on the merits of the case. If the materials on record prima-facie show that the Plaintiff is likely to succeed in the suit and there are disputed questions of fact and law in the suit which require determination by trial and the suit cannot be thrown out on technicalities and the suit is not frivolous, it can be held that the plaintiff has made out a prima facie case.

11. The case of the Plaintiff is that the Plaint Schedule Properties belonged to Dodda Venkatappa. The Plaint Schedule Properties are shown in 'A' Schedule to 'F' Schedule. The Defendant Nos.39 to 42 are claiming the rights only in respect of the Item No.4 of the Plaint Schedule Property in Sy.No.93/2, Item No.5 bearing Sy.No.94/10. The Plaintiff has stated that on the death of Dodda Venkatappa his family members inherited the Plaint Schedule Properties and the Plaint Schedule Properties are the joint family properties of the Plaintiffs and the Defendant Nos.1 to 24. The first son of Dodda Venkatappa called as Doddanna @ Doddaiah. The Plaint 'A' Schedule Properties were standing in the name of Doddanna. It is stated that though the properties are the joint family properties, the khatha of the same was changed in the

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name of Doddanna being the eldest son. The Plaintiff has stated that the Plaint 'B' Schedule Properties shown in the name of Papaiah, Plaint 'C' Schedule Properties shown in the name of Yellappa and the Plaint 'D' Schedule Properties were standing in the name of Doddaiah @ Muniyellappa.

12. The contention of the Defendant Nos.39 to 42 is that there is already a partition in the family of Doddanna in the year 1959. The RTCs in respect of Sy.No.93/2 is produced from the year 1965-66 in the name of Doddaiah @ Dodda Venkatappa, in the the name of Munisadappa and Munivenkatappa os sjpwm. In the RTCs from the year 1974-76 in Col.No.12, the name of Doddaiah, Munisadappa and Muniswamappa is shown. In the RTCs f the year 1982-83 Munisadappa and R. Krishnaiah is shown. The name of R. Krishnaiah is shown to an extent of 8 ½ guntas. In the RTC from the year 1982-83 the name of Doddaiah Dodda Venkatappa and Munisadappa exists in Col.No.12 to an extent of 24 guntas. The name of Ramaiah is shown to an extent of 24 guntas. In the RTC for the year 1987-88 the name of Ramaiah is rounded off and the names of his legal heirs is shown. The latest RTC in respect of the property shows that it stands in the name of Lakshmi S. Narayana in respect of 24 guntas, G.R.Bhasker in respect of 8.04 guntas, Mahendra Karle for 16.12 guntas.

13. The certified copy of the Sale Deed dtd:

30.9.1940 shows that the Doddaiah acquired the property bearing Sy.No.93/2 measuring 01 acre 10 guntas. The

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Sale Deed dtd: 10.10.2001 shows that Muniyappa, Hanupappa, Munisadappa, H. Srinivasan, H. Venkatesh, H. Nagesh, H. Suresh and Manjunath have sold the property bearing Sy.No.93/2 measuring 25 guntas in favour of Ms. Lakshmi S. Narayan. The Sale Deed dtd: 11.1.2001 shows that Smt. Sanjeevamma represented by her Power of Attorney Sri. Tejraj Gulecha has sold the property bearing Sy.No.93/2 measuring 0-8% guntas in favour of Sri. G.R.Bhasker. The Sale Deed dtd: 23.3.2006 shows that Smt. Akkayamma, Muddaiah, Nagamma, Dinesh, Doddaiah, Ravi, Lakshmipathi and Venkatesh have sold the property bearing Sy.No.93/2 measuring 0-16 4 guntas in favour of Mr. Mahendra Karle. The copy of the Judgment and Decree dtd: 29.7.2013 In OS.No.6558/1992 filed by H. Srinivas, H. Venkatesh, H. Nagesh and H. Suresh against M. Muniyappa, M. Hanumappa, H. Manjunatha and others shows that one of the property involved in the suit is Sy.No.93/2 measuring 25 guntas and the suit in respect of Sy.No.93/2 is dismissed.

14. The certified copy of the Sale Deed dtd:

2.9.1966 shows that Muniswamappa S/o Doddaiah has sold the extent of 25 guntas in Sy.No.92 in favour of Muniswamappa S/o Chikka Hanumaiah. The conversion order dtd: 27.11.1992 passed by the Deputy Commissioner shows that an extent of 25 guntas in Sy.No.92 is converted for residential purpose.

15. The Sale Deed dtd: 22.2.2007 shows that Sri. Rajanna and Venkatesh have sold the property bearing Sy.No.94/10 measuring 17 guntas in favour of Smt. K.

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Susheela. The Partition Deed dtd:17.5.2007 is entered into amongst Sri. Muddaiah, Sulochanamma and R. Venkatesh and they have divided the property bearing Sy.No.94/10 measuring 09 guntas and each of them have got 03 guntas each towards their share. The Sale Deed dtd: 25.8.2007 shows that Sri. Rajanna, Smt. Radha, Sri. R. Anand, Smt. Shylaja, Smt. Nirmala, Master Manjunath and Smt. K. Susheela have sold the property bearing Sy.No.94/10 measuring 34 guntas in favour of Sri.Krishnanand Abhijit, Sri. R. Murali and Sri. A. Manish. The Sale Deed dtd:

17.8.2007 shows that Smt. Sulochana, Smt. Kalavathi, Smt. Godavari, Smt. Vedavathi, Smt. Netravathi, Sri. K.S. Prasannakumar, Smt. Krupshitha and Smt. Savitha have sold the property bearing Sy.No.94/10 measuring 09 guntas in favour of Mr. Mahendra Karle.

16. The Deed of Exchange dtd: 14.8.2007 entered into between Mr. Mahendra Karle and Mrs. Kalpana Jagadish @ Kalpana Belur shows that the property bearing Sy.No.96/4 measuring 15 guntas, Sy.No.94/10 measuring 09 guntas belonging to Mr. Mahendra Karle is exchanged with the property bearing Sy.No.102/4 measuring 23 guntas belonging to Mrs. Kalpana Jagadish @ Kalpana Belur.

17. Therefore, the documents produced by the Defendant Nos.39 to 42 shows that there are transactions in respect of these properties for more than 40 years and the property has changed many hands. The Plaintiffs have to show that the said alienations are not binding on the Plaintiffs. The limitation to seek such a relief is within the

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period of three years from the date of the knowledge. Therefore, the Plaintiffs are required to prove that their claim is within the period of limitation. The Plaintiffs have also not sought any relief to set aside the said alienations. Therefore, at this stage, the Plaintiffs cannot be said to have made out the prima-facie case for the grant of temporary injunction as prayed by them.

18. At this belated stage the Plaintiffs cannot be granted the relief of permanent injunction against the Defendants prohibiting them from alienating the properties. The alienations if made would be subject to the result of this suit. As there are alienations in respect of the property in favour of different persons at different point of time and the Plaintiffs have filed this suit only in the year 2008, the Plaintiffs should not be granted the temporary injunction for the reason of delay. If the Plaintiffs fail in the suit, the order prohibiting the Defendants from alienating the property would cause greater hardship to the Defendants. Therefore, the balance of convenience is not in favour of the Plaintiffs and no irreparable injury would be caused to the Plaintiffs if the order of injunction as prayed in IA.No.I is not granted. Therefore, the Plaintiffs are not entitled for the relief of temporary injunction. Hence, Point No.1 to 4 are answered in the Negative.

19. Point No.5: In view of my answers to Point Nos.1 to 4 in the Negative, the interim order dtd:

13.10.2017 by this Court has to be vacated. Hence, Point No.5 is answered in the Affirmative.

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20. Point No.6: In the result, this Court proceeds to pass the following:-

ORDER

The IA.No.1/2018 filed by the Defendants under Order XXXIX Rule 1 and 2 CPC is allowed.

The order of temporary injunction passed on 19.6.2008 in favour of the Plaintiffs to the extent of Item Nos. 4 and 5 of the Schedule 'A' Property to the IA.No.I under Order XXXIX Rule 1 and 2 is vacated."

4. Aggrieved by the impugned order passed by the Trial

Court, the present petition is preferred by plaintiff No.1.

5. It is a matter of record that in the aforesaid suit filed in

the year 2008, the impugned order was passed as long back as on

30.07.2018 and there is no interim order in favour of the appellant