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SMT RATHNAMMA – Appellant
Versus
SMT VIJAYALAKSHMI – Respondent


This

captioned

writ

petition

is

filed

by

the

unsuccessful plaintiff, who has questioned the concurrent

judgment and decree of the trial Court in declining to grant

perpetual injunction against the defendants.

2. For the sake of brevity, the parties are referred

as they are ranked before the trial Court.

3. The present plaintiff has instituted an injunction

suit simplicitor by alleging that the plaintiff was put in

4

possession of the suit schedule property in terms of the

sale

agreement

dated

09.06.1988

executed

by

1st defendant's husband who is none other than the father

of the plaintiff. Therefore, the plaintiff contended that she

is in possession of the suit schedule property and that she

is cultivating the suit schedule property on contract basis.

Therefore, based on agreement to sell dated 09.06.1988,

the present suit for injunction simplicitor came to be filed.

4. After receipt of summons, defendant No.1, who is

daughter-in-law of the alleged vendor, contested the

proceedings by filing written statement. Defendant No.1

specifically contended that she along with her daughter

have filed a comprehensive suit seeking relief of partition

in O.S.No.149

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