Amid Attempt To Transfer Partition-Suit Land, Karnataka HC Bars Defendants From Alienating It Until Trial Court Decides Injunction Plea

The petitioners, plaintiffs in a partition and separate-possession suit, sought an ex parte temporary injunction restraining the defendants from alienating the suit property.

They approached the High Court under Article 227 after the injunction was not granted, seeking a direction for the Trial Court to decide their application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908.

They submitted that the defendants had applied to the Tahsildar for permission to transfer land subject to restrictions under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978; the Tahsildar’s endorsement was dated 16 June 2026.

The Court acted under its supervisory jurisdiction under Article 227 of the Constitution of India and considered the petitioners’ application under Order XXXIX Rules 1 and 2 read with Section 151 CPC.

It also noted that the property was stated to be subject to restrictions under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.

The Court applied the principle that preserving the subject matter of a pending proceeding may be necessary where a transfer could cause multiple proceedings or render the pending application infructuous.

The suit concerned partition and separate possession, and the Tahsildar’s endorsement indicated that a transfer of part of the suit property was being pursued.

The Court considered that allowing a transfer before the injunction application was decided could generate further litigation and defeat the purpose of that application.

It therefore preserved the property pending the Trial Court’s decision, while directing that the application be considered promptly.

The defendants were restrained from alienating or creating any third-party interest in the suit property until the Trial Court considers I.A. No. I under Order XXXIX Rules 1 and 2 CPC.

The Trial Court was directed to dispose of the application within two months, and the petitioners were permitted to seek advancement of the matter.