- 1 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.5962 OF 2018 (CPC) BETWEEN: SRI K.V. PUTTEGOWDA S/O. LATE VENKATESHAPPA, AGED ABOUT 55 YEARS, R/AT NO.137, 1ST PHASE, RAJEEV GANDHINAGAR, NEAR GANGA BOREWELL OFFICE, KODIGEHALLI, BENGALURU-560092. …APPELLANT (BY SRI VIVEK N., ADVOCATE FOR SRI RAHUL S. REDDY, ADVOCATE) AND: 1. SRI SRINIVAS .V S/O. LATE VENKATESHAPPA, AGED ABOUT 41 YEARS, R/AT NO.46, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE-560064. 2. SMT. NAGAVENI @ NAGAMANI W/O. LATE HANUMEGOWDA, AGED ABOUT 36 YEARS, R/AT NO.124, MARALENAHALLI VILLAGE, DODDABALLAPUR TALUK, BANGALORE RURAL-561203. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 3. V. VENKATEGOWDA S/O. LATE VENKATESHAPPA, AGED ABOUT 37 YEARS, R/AT C/O. C. SWAMY BUILDING, 2B, 1ST FLOOR, NEAR NETHRAVATHI BAR THINDLU MAIN ROAD, THINDLU VILLAGE, VIDYARANYAPURA POST, BANGALORE-560097. 4. SMT. SARASWATHI S/O. SRI SRINIVAS .V R/AT NO.46, GANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE-560064. 5. C.M.M. GROUPS REP. BY PROP DR. C.K. MOULA SHARIFF, S/O. LATE C. MAHABOOB SAB, R/AT NO.1694, 16TH CROSS, 5TH BLOCK, HBR LAYOUT, BANGALORE-560043. …RESPONDENTS (BY SMT. P.C. VINITHA, ADVOCATE FOR R-1, R-3 & R-4; V/O. DATED 18.07.2023 NOTICE TO R-2 IS HELD SUFFICIENT; NOTICE TO R-5 IS SERVED & UNREPRESENTED) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 104 CPC., SET ASIDE THE ORDER DATED 04.07.2018 PASSED IN I.A.NO.1 IN O.S.NO.7134/2017 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU [CCH-30], DISMISSING THE I.A.1 IN O.S.NO.7134/2017 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 ORAL JUDGMENT This Miscellaneous First Appeal is directed against the order dated 04.07.2018 passed on I.A. No.I in O.S. No.7134/2017 on the file of XXIX Additional City Civil and Sessions Judge, Bengaluru (‘Trial Court’ for short), whereby the applications filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC seeking temporary injunction came to be rejected. 2. The plaintiff instituted the suit for partition and separate possession, contending that the suit schedule properties are the joint family properties. It is the case of the plaintiff that the defendants, taking advantage of a General Power of Attorney, have executed a gift deed and subsequent agreement of sale in respect of Item No.1 of the suit schedule property and are attempting to create third party rights. The plaintiff, therefore sought interim relief to restrain alienation and altering the nature of the property. The defendants resisted the application, - 4 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 contending that the plaintiff had already executed a GPA after receiving consideration and the transactions are valid. They further contended that the plaintiff has no subsisting right and has suppressed material facts. Upon consideration of the material on record, the Trial Court rejected the applications seeking temporary injunction. 3. Learned counsel for the appellant submits that the Trial Court failed to appreciate that the properties are the joint family properties. Further, that the GPA does not authorize execution of a gift deed and subsequent alienations. It is submitted that the transactions are disputed and form the subject matter of the suit, and therefore, require protection. It is submitted that this Court, on 21.04.2021, restrained the respondents from alienating or creating any third party rights and the said order is still in operation and the same to be continued till the disposal of the suit and the Trial Court be directed to dispose of the suit expeditiously, since the suit is of the year 2017. - 5 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 4. Per contra, learned counsel for the respondents sought to justify the impugned order and submits that the plaintiff had already relinquished his rights by executing a GPA and the plaintiff, having not made out a prima facie case, and no material was produced to show immediate threat of alienation, the Trial Court has rightly exercised the discretion. 5. This Court has carefully considered the submission and perused the material on record. 6. At the outset, it is to be noted that the dispute between the parties pertains to a claim for partition in respect of joint family properties and rights of the parties are yet to be adjudicated in the suit. The rival contention touching upon the validity of the GPA, the release deed and the subsequent transaction give rise to a serious triable issue, which cannot be conclusively determined at this stage. - 6 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 7. In the present appeal, this Court, by order dated 21.04.2021, has granted an interim order restraining the respondents from alienating or creating any third party rights in respect of item No.1 of the suit schedule property and the said order has been in operation till date. 8. Having regard to the nature of dispute and without expressing any opinion on the merits or demerits of the respective claims of the parties, this Court is of the considered view that the continuance of the interim protection is necessary in order to preserve the subject matter of the suit. Any alienation or creation of third party rights at this stage would not only complicate the proceedings, but also result in multiplicity of litigation and prejudice the rights of the parties. Hence, the point framed for consideration is answered and this Court pass the following: - 7 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 ORDER i. The Miscellaneous First Appeal is allowed. ii. The impugned order dated 04.07.2018 passed on I.A. No.I in O.S. No.7134/2017 is hereby set aside. iii. The application filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC are allowed. iv. The defendants are restrained from creating any third party rights in respect of the suit schedule property pending disposal of the suit. v. Considering that the suit is of the year 2017, the Trial Court to dispose of the suit expeditiously, preferably within one year, from the date of receipt of copy of this order. - 8 - HC-KAR NC: 2026:KHC:23907 MFA No. 5962 of 2018 vi. It is made clear that the observation made herein is a prima facie in nature and shall not influence the Trial Court while deciding the suit on merits. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 29