BHAGYALAKSHMI E. Vs. ADINARAYANA SWAMY

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the respondent Nos.1 and 3.

(2.) The present miscellaneous second appeal is filed being aggrieved by the rejection of application filed seeking an order of temporary injunction restraining the defendant Nos.2 to 4 from alienating or encumbering the suit schedule properties, till the disposal of the suit.

(3.) The main contention of the plaintiff is that the suit schedule properties are derived by her father through partition dtd. 8/1/1992 and item No.1 of the suit schedule properties was purchased vide sale deed dtd. 29/10/2004 and item Nos.2 to 6 of the suit schedule properties were acquired through the funds derived from the partition. Hence, claimed the share in the suit schedule properties. It is also contended that there was a Will and in the said Will which was executed in the year 2009, properties are allotted in favour of the plaintiff. Learned counsel also contends that gift deed was executed in favour of the plaintiff and the defendants have not approached the Court with clean hands. Hence, the Trial Court ought not to have rejected the application making an observation that the same has been suppressed by the plaintiff.