VENKATASHAMAIAH Vs. NETHRAVATHI

JUDGEMENT

(1.) The writ petition is filed by the defendants against the order dated 18th March, 2015 passed in MA No.8/2014 by the I Additional District Judge, Bangalore Rural District, Bangalore confirming the order passed by the Trial Court dated 21st December, 2013 passed on I.A.No.IV granting temporary injunction restraining defendants No.1 to 5 from alienating the suit schedule properties pending disposal of the suit.

(2.) The respondents, who are the plaintiffs before the Trial Court, filed the suit for partition and separate possession in respect of the suit schedule properties No.1 to 16 morefully described in the schedule contending that the suit schedule properties are joint family properties of the plaintiffs and defendants No.1 to 5 and they are joint in possession and there was no partition and separate possession. Therefore they filed the suit.

(3.) The defendants filed written statement admitting the relationship. They contended that item Nos.7 to 9 and 15 and 16 are the self acquired properties of the 2nd defendant. Therefore, the suit filed by the plaintiff in respect of the said suit schedule properties is not maintainable and sought for dismissal of the suit.