RAJAMANNAR
Namagiri Ammal – Appellant
Versus
T. Subba Rao – Respondent
This is an application by the appellant in A.S. No. 49 of 1947 on the file of this Court for an injunction restraining the respondent from taking possession of the properties in suit and administering the estate and effects belonging to the estate of the deceased Srinivasa Rao in pursuance of the decree in O.S. No. 3 of 1946, District Court, Madura, pending disposal of the above appeal therefrom. The petitioner was the defendant in a suit instituted by the respondent arising out of an application by the latter for the issue of probate of the will and the codicil of the said Srinivasa Rao. The learned District Judge of Madura found that the will was genuine and valid and granted the respondent probate.
This application has been made on the ground that in pursuance of the decree of the lower Court granting him probate, the respondent is attempting to take possession of the properties forming part of the estate of the deceased Srinivasa Rao, he is also attempting to collect the outstandings forming part of the said estate and that he is not possessed of sufficient means and to enable the appellant to recover what might become due to her if she eventually succeeded in the appeal.
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