Sri Balakrishna N v. Sri D Sundar Das
Case brief
What is this about?
Temporary injunction partition suit Karnataka HC MFA 6505/2025 Order XXXIX Rules 1 2 Section 151 CPC Order 43 Rule 1(r) CPC prima facie case rival claims triable issue title examination interlocutory stage impermissible balance of convenience third party rights Joint Development Agreement 20.04.2022 Infinity Developers H.D. Kote limited protection 1/3 share alienation restraint affidavit four weeks Items 4 to 10 case flow management exemption one year disposal K.S. Hemalekha 07.04.2026 allowed-in-part set aside 25.07.2025
What did the court decide?
Miscellaneous first appeal allowed-in-part: impugned order dated 25.07.2025 on I.A. No.III in O.S. No.6/2025 set aside and I.A. No.III allowed-in-part, granting limited protection — (iii) Respondent No.5/Defendant No.5 to file an affidavit before the Trial Court within four weeks indicating total sites formed, sites falling to Defendant No.1's share and sites already alienated; (iv) Defendant No.1, his agents or persons claiming through him not to alienate sites to the extent of the 1/3rd share claimed by the plaintiffs until disposal of the suit; (v) suit exempted from strict case flow management rules but to be disposed as expeditiously as possible, preferably within one year; (vi) all observations prima facie only and not to influence the Trial Court on merits; (vii) Defendant No.1/Respondent No.1 not to alienate Item Nos.4 to 10 of the suit schedule properties pending the suit.