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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