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Judgment
S.R. Krishna Kumar, J
This petition is directed against the impugned order dated 03.10.2023 passed on I.A.No.1 in O.S.No.6347/2023 on the file of the XX Additional City Civil and Sessions Judge, Bengaluru [for short, ‘the trial Court’] whereby the petitioners’ request to the trial Court to pass an exparte order of temporary injunction restraining the defendants Nos.7 to 17 from alienating or encumbering the suit 'B' schedule property, was declined by the trial Court.
Heard learned counsel for the parties and perused the material on record.
The material on record discloses that in the aforesaid suit filed by the petitioners-plaintiffs for partition and separate possession of their alleged share in the suit schedule properties, the petitioners-plaintiffs filed an application in I.A.No.1 for exparte temporary injunction, which was declined by the trial Court as against defendant Nos.7 to 17, aggrieved by which the petitioners-plaintiffs have preferred the present petition.
It is brought to my notice that the suit currently stands posted before the trial Court on 06.01.2024. It is submitted that the respondents-defendants would file their written statement, objections, documents, etc., in the suit, within a period of one week. It is also submitted that the trial Court may be directed to consider and dispose of I.A.No.1 after hearing both parties and till disposal of I.A.No.1, defendant Nos.7 to 17, without prejudice to their rights and contentions would not create any third party rights over the suit 'B' schedule property.
In view of the aforesaid facts and circumstances and submissions made on behalf of respondent-defendant Nos.7 to 17, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial Court to adjourn the matter from 06.01.2024 to 12.01.2024 so as to enable defendants to file their written statement, objections, documents etc., in the suit.
The trial Court is further directed to dispose of I.A.No.1 after hearing the parties on or before 29.01.2024.
All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Without prejudice to the rights and contentions of the parties and leaving the same open, the undertaking given on behalf of defendants Nos.7 to 17 that they would not create third party rights over suit B schedule property till disposal of I.A.No.1 is placed on record. It is needless to state that this undertaking on behalf of defendant Nos.7 to 17 is for the limited / restricted purpose of facilitating the disposal of I.A.No.1 by the trial Court and shall not be construed or treated as expressing any opinion on the merits / demerits of the rival contentions of the parties and the trial Court shall dispose of I.A.No.1 on merits, in accordance with law, on or before 29.01.2024 without being influenced by the findings and observations recorded in the impugned order or this order.