Sri Bhadraiah v. Sri Mallappa @ Mallaiah
Case brief
What is this about?
High Court of Karnataka, Bengaluru; MFA No. 1559 of 2025 (CPC); decided 16.07.2025 by Justice Ramachandra D. Huddar (single judge, oral judgment); Miscellaneous First Appeal under Order XLIII Rule 1(r) CPC; impugned order 22.02.2025 of Additional Senior Civil Judge and JMFC, Gubbi rejecting IA No.1 in O.S.No.260/2024 under Order XXXIX Rules 1 and 2 read with Section 151 CPC; temporary injunction restraining alienation/encumbrance; partition suit alleging joint family property; undertaking not to alienate; permission to create charge/mortgage suit property to raise loan for digging a well at respondent's own risk; order operative till disposal of suit; parties to co-operate for early trial; plaintiffs restrained from interfering with defendants' possession; appeal disposed of, no costs; parties from Gubbi/Madhugiri/Tumakuru district.
What did the court decide?
Appeal disposed of: respondent no.1's undertaking not to alienate the suit schedule property taken on record; respondent no.1 permitted to create charge over the property towards raising a loan for digging a well, at his own risk; the order to remain in force till disposal of the suit; both parties to co-operate for early trial; plaintiffs directed not to interfere with or obstruct the suit schedule property in the defendants' possession; no costs.