Karnataka High Court
Basappa And Anr vs Sridevi on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5518
MFA No. 202296 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO.202296 OF 2024 (CPC-)
BETWEEN:
1. BASAPPA S/O LATE NINGAPPA,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. BAGDAL VILLAGE,
TQ. DIST. BIDAR-585226.
2. SHIVAPPA S/O LATE NINGAPPA,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. BAGDAL VILLAGE,
TQ. DIST. BIDAR-585226.
...APPELLANTS
(BY SRI S.S.SAJJANSHETTY, ADVOCATE)
Digitally signed
AND:
by RENUKA
Location: HIGH SRIDEVI D/O LATE NINGAPPA
COURT OF (W/O LATE VITHAL),
KARNATAKA
AGE : 50 YEARS, OCC: HOUSEHOLD,
R/O. MEMALKHEDA VILLAGE,
NOW AT ZAHEERABAD.
(TELANGANA STATE)-502220.
...RESPONDENT
THIS MFA FILED U/O 43 RULE 1 (R) OF CPC, PRAYING TO
allow this appeal by SETTING ASIDE THE IMPUGNED ORDER
DTD. 07.02.2023 ON IA NO.1 IN O.S.NO.200 OF 2019 BY THE
PRL. SENIOR CIVIL JUDGE AND CJM, BIDAR AND TO PASS ANY
OTHER SUITABLE AND APPROPRIATE ORDERS IN THE FACTS
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NC: 2024:KHC-K:5518
MFA No. 202296 of 2024
AND CIRCUMSTANCES OF THE CASE DEEMS FIT FOR WHICH
THE APPELLANTS FOUND ENTITLED.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)
The appeal is taken up for consideration on merits.
Hence, there is no need to consider the application for
condonation of delay.
2. It is noticed that the Trial Court, in a suit for
partition, has granted an injunction restraining the
appellants herein who were defendant Nos.1 and 2 from
alienating, transferring the suit schedule 'A' and 'B'
properties, till the disposal of the suit. While granting
injunction, the Trial Court has noticed that the contention
of the plaintiffs was that the suit schedule properties were
the ancestral properties and she had a share in the same,
while the defendants contended that the suit schedule
properties were their self-acquired properties and their
NC: 2024:KHC-K:5518
father had gifted them before their birth to the first
plaintiff. The trial Court has also noticed that the
relationship between the parties was not in a dispute and
at this stage, if the defendants were not restrained from
alienating the properties, the plaintiffs would be put to
irreparable loss and injury if the properties were alienated
and hence, has only restrained the defendants from
alienating or transferring the suit schedule 'A' and 'B'
properties.
3. In my view, this order does not in any way
prejudice the appellants and the order only enables the
maintenance of the status quo of the parties insofar as
title is concerned.
The appeal is therefore dismissed.
The order dated 07.02.2023 passed on I.A.No.1 in
O.S.No.200/2019 by the Court of the Principal Senior Civil
Judge and Chief Judicial Magistrate, Bidar is confirmed.
NC: 2024:KHC-K:5518
In view of disposal of appeal, I.A.No.2/2024 for stay
does not survive for consideration and same is dismissed.
Sd/-
(N.S.SANJAY GOWDA)
JUDGE
sn
CT: VD
