THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.256 of 2010 Date: 09.11.2010 Between: B. Anasuyamma and others. … Appellants and B. Madhusudan Reddy and others. … Respondents THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.256 of 2010 JUDGMENT: This appeal is directed against order, dated 29.12.2009, in I.A.No.771 of 2007 in O.S.No.250 of 2007 passed by the Senior Civil Judge, Mahabubnagar, whereunder and whereby the application filed by the appellants under Order 39 Rules 1 and 2 read with Section 151 C.P.C., seeking interim injunction restraining the respondents from alienating the suit schedule lands was dismissed. 2. Heard both sides. 3. The case of the 1st appellant is that she got a share in the suit schedule property by virtue of a partition, whereas the case of the respondents is that all the three brothers have got 1/3rd share each in plaint schedule lands, as the lands are ancestral lands. Whether the 1st appellant is entitled for a share in the property or not and whether the 1st respondent is entitled for the property or not have to be decided by the trial Court in accordance with law, after adducing necessary evidence by both parties. 4. Therefore, to safeguard the interest of both the parties, it is appropriate to direct the respondents not to alienate or create any third party interest over the suit schedule property pending disposal of the suit. 5. Accordingly, the civil miscellaneous appeal is dismissed, confirming the order, dated 29.12.2009, in I.A.No.771 of 2007 in O.S.No.250 of 2007 passed by the trial Court. However, the respondents are directed not to alienate or create any third party interests over the property. No order as to costs. ________________________ JUSTICE K.C. BHANU 09.11.2010. Msr THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.256 of 2010 09.11.2010 (Msr)