Rajendra v. Shrimath
Case brief
What is this about?
Keywords: writ petition GM-CPC; Karnataka HC Dharwad; Justice Anant Ramanath Hegde; temporary injunction refused; concurrent findings of Trial Court and First Appellate Court; I.A.No.1 O.S.No.17 Banahatti (Senior Civil Judge & JMFC); M.A.No.5005/2023 dismissed 03.04.2025 (I Addl. Dist. & Sessions Judge, Jamkhandi/Bagalkot); joint family property vs self-acquired property; registered sale deed 1964 in name of Parisappa; partnership deed described as of 1972 (creation stated as 10.06.1977); 1983 partition deed; 1972 partition finding expunged; lis pendens protection; no special equity for pendente lite purchasers or constructions; sale deed recital of pending suit; equitable partition preference to plaintiffs; petition disposed of, characterisation left for trial; parties Magadum family, Terdal, Rabakavi-Banahatti, Bagalkot.
What did the court decide?
The writ petition is disposed of with observations; neither the M.A. order (03.04.2025) nor the Trial Court's I.A.No.1 dismissal (15.04.2023) is quashed/set aside. Directions recorded: the lower courts' refusal of temporary injunction stands as not impermissible; their finding of a 1972 partition is expunged for interlocutory purposes; defendants are free to alienate but any sale deed must recite the pending suit; lis pendens protects the plaintiffs, who are to be preferred in any equitable partition if they succeed; purchasers/defendants gain no special equity from pendency-period developments; the Trial Court to decide the suit on merits keeping the observations in mind.