G. S. Vijay Kumar v. G. H. Sharanappa
Case brief
What is this about?
MFA No.3585 of 2024 (CPC), High Court of Karnataka (Bengaluru), decided 12.11.2025, Hanchate Sanjeevkumar, J. Temporary injunction in a suit for partition and separate possession; appeal under Order 43 Rule 1(r) CPC against rejection of I.A.No.2 under Order XXXIX Rule 1 and 2 r/w Sections 94 and 151 CPC. Prima facie case, balance of convenience and irreparable injury found in plaintiff's favour; joint family property versus self-acquisition/court-auction contention; Section 14 Hindu Succession Act 1956 (purchase by mother Siddamma, gift to defendant No.1, later purchase by respondent No.7); injunction against alienation of suit properties except item No.2; observations tentative; no costs; Bengaluru CCH-18.
What did the court decide?
Appeal allowed in part: order dated 15.04.2024 on I.A.No.2 in O.S.No.4590/2019 set aside; temporary injunction granted restraining the defendants from alienating the suit schedule properties except item No.2; all observations declared tentative and Trial Court directed to decide the suit independently on evidence; no costs.