Smt Gowramma v. Smt Jayamma K
Case brief
What is this about?
Karnataka HC; MFA No.7739 of 2025 (CPC); Order XLIII Rule 1(r) CPC appeal against temporary injunction granted under Order XXXIX Rules 1 and 2 CPC; partition and separate possession suit O.S.No.123/2010, Senior Civil Judge and JMFC Nelamangala; scope of appellate interference in interim injunction appeals (perversity, illegality, arbitrariness, non-application of settled principles); injunction application filed belatedly after more than 15 years at evidence stage; defendant No.1 executed sale deeds in favour of third parties prior to suit; status quo on possession and alienation substituted for absolute restraint on alienation of Item Nos.4 to 9; direction for expeditious disposal of suit within six months; Justice K.S. Hemalekha; decided 17-04-2026.
What did the court decide?
Appeal allowed in part; the order dated 08.09.2025 passed on I.A.No.23 in O.S.No.123/2010 is modified, directing both parties to maintain status quo with regard to possession and alienation of suit schedule properties Item Nos.4 to 9 till disposal of the suit; Trial Court directed to dispose of the suit expeditiously, preferably within six months from receipt of a copy of the order.