- 1 - HC-KAR NC: 2025:KHC:28941 MFA No. 8580 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8580 OF 2023 (CPC) BETWEEN: SMT A PADMAVATHI AGED ABOUT 62 YEARS DAUGHTER OF LATE M P GOVINDA RAJ RESIDING AT GLOBAL NANDANAM FLAT 509, KEREGUDDADAHALLI CHIKKABANAVARA POST ABBIGERE BENGALURU-560 090 …APPELLANT (BY SRI. SYED KHAMRUDDIN, ADVOCATE) AND: 1. SMT G LAKSHMI DEVI AGED ABOUT 82 YEARS, WIFE OF LATE M P GOVINDA RAJ, RESIDING AT NO.113, GROUND FLOOR, 3RD CROSS, P AND T COLONY, R T NAGAR, 2ND BLOCK, BENGALURU-560 032 2. SRI G OMPRAKASH AGED ABOUT 61 YEARS, SON OF LATE M P GOVINDA RAJ Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28941 MFA No. 8580 of 2023 RESIDING AT NO.113, 1ST FLOOR 3RD CROSS, P AND T COLONY R T NAGAR, 2ND BLOCK BENGALURU-560 032 3. SRI G KUMARAVELU AGED ABOUT 56 YEARS S/O LATE M P GOVINDA RAJ RESIDING AT NO.113, GROUND FLOOR 3RD CROSS, P AND T COLONY R T NAGAR, 2ND BLOCK BENGALURU-560 032 4. ENTREPRENURSHIP DEVELOPMENT INSTITUTE OF INDIA REP BY RAMAN GUJRAL HAVING OFFICE AT #102, 70TH CROSS, 17TH MAIN ROAD 5TH BLOCK, RAJAJINAGAR BENGALURU-560 032 …RESPONDENTS (BY SRI. K.V.SHYAMAPRASADA, ADVOCATE FOR R-2 AND R-3; R-1 - SERVED; VIDE ORDER DATED 6.11.24, NOTICE TO R-4 IS DISPENSED WITH) *** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1 (r) OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 03.02.2023 PASSED ON I.A.NO.1 IN OS.NO.26815/2022 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU, DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, ETC. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28941 MFA No. 8580 of 2023 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed by the plaintiff challenging the order dated 03.02.2023 passed by the learned XXVI Additional City Civil and Sessions Judge at Mayo Hall, Bengaluru (CCH-20), on I.A.No.1 in O.S.No.26815/2022 filed under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, whereby, the application filed for ad-interim order of temporary injunction, is dismissed. 2. Smt. A. Padmavathi has filed a suit for partition and separate possession, claiming her 1/4th share with the apprehension that the defendants are trying to sell the suit schedule A property by producing concocted documents. Therefore, she filed an application for seeking temporary injunction, restraining the defendants from alienating the suit schedule properties. - 4 - HC-KAR NC: 2025:KHC:28941 MFA No. 8580 of 2023 3. It is the case of the defendants that the husband of first defendant and father of second and third defendants had executed a Will in favour of the defendants and the plaintiff has received a sum of `7 lakhs as per the Will. But this is opposed by the plaintiff. 4. When the suit is filed for partition and relationship between the parties is not disputed and suit property is also not disputed, the question before the Trial Court is regarding the partition and separate possession which calls for a trial before the Trial Court. 5. Therefore, this Court is of the opinion that the defendants shall not alienate the suit properties to any third parties and create third party interest over the suit schedule properties until the disposal of the suit. 6. It is submitted on behalf of the respondents/ defendants that there are some tenants in the suit schedule property. Therefore, without affecting the rights of the tenants, the suit may be permitted to go on merits. - 5 - HC-KAR NC: 2025:KHC:28941 MFA No. 8580 of 2023 7. Having regard to the facts and circumstances of the case, the appeal is liable to be allowed. Accordingly, I proceed to pass the following: ORDER (i) The Appeal is allowed; (ii) The impugned order dated 03.02.2023 passed by the learned XXVI Additional City Civil and Sessions Judge at Mayo Hall, Bengaluru (CCH-20), on I.A.No.1 in O.S.No.26815/2022 is set aside; (iii) The application, I.A.No.2/2023 filed by the plaintiff/appellant before this Court under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, is allowed and temporary injunction is granted, restraining the defendants from alienating or encumbering the suit schedule properties in favour of third parties, until the disposal of the suit; - 6 - HC-KAR NC: 2025:KHC:28941 MFA No. 8580 of 2023 (iv) The Trial Court shall dispose of the suit by considering the age of the parties to the suit, within a period of nine months from the date of receipt of a copy of this order, without being influenced by any of the observations made by this Court during the course of this order. (v) Both parties shall co-operate in the early disposal of the matter without seeking unnecessary adjournments. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BMV* List No.: 1 Sl No.: 24