Shri Muppala Kumaraswamy v. Smt Laxmamma
Interim injunction – restraint against alienation/encumbrance of suit property
Case brief
What is this about?
Karnataka High Court, Bengaluru — MFA No. 364 of 2025 (CPC), oral judgment dated 07-03-2025 by Hon'ble Mr Justice Hanchate Sanjeevkumar (single-judge bench). Appellant: Shri Muppala Kumaraswamy S/o Late M. Narayana Raju (aged ~70, Hyderabad/Telangana; plaintiff in the suit), represented by Sri L M Chidanandayya; Respondents: (1) Smt Laxmamma W/o Late Vajrappa and (2) Sarawathamma Mayanna (both Bengaluru; defendants), represented by Sri T N Viswanatha. Subject: appeal against rejection on 02-12-2024 of I.A. No. 1 under Order XXXIX Rules 1 and 2 r/w Section 151 CPC in O.S. No. 539/2024 (I Additional Senior Civil Judge & JMFC, Nelamangala) which sought restraint on the defendants alienating or encumbering the suit schedule property. Result: appeal disposed of after defendants filed a memo undertaking not to encumber the suit property pending disposal of the suit; impleading application for the purchasers to be considered on merits without influence from the impugned order; suit ordered to be decided within 1.5 years. Keywords: temporary/interim injunction, anti-alienation restraint, memo/undertaking by defendants, Order 39 Rules 1 & 2, Order 43 Rule 1(r), CPC, Nelamangala civil judge, purchasers/impleading. No precedent cases are cited in the judgment.