M/S. VALMARK ESTATES LLP Vs. SMT. MARAKKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and learned counsel for the respondent Nos.1 and 2.

(2.) This miscellaneous first appeal is filed by the defendant No.16 being aggrieved by the order passed by the Trial Court in allowing the application viz., I.A.No.I filed under Order 39, Rule 1 and 2 of C.P.C., wherein the Trial Court has granted the relief of temporary injunction not to alienate the suit schedule property in favour of third parties, till further orders.

(3.) The main contention of the learned counsel appearing for the appellant is that the learned Trial Judge has failed to consider that the schedule property was a granted land granted to Muniswamy, S/o. Doddamuniga, who was the father of Muniyappa. The learned Trial Judge failed to consider that after the death of Muniswamy, S/o. Doddamuniga, the mutation was made out in the name of Muniyappa during the year 1983-84 and subsequently, the property was sold by wife and children of Muniyappa. The said fact has not been considered by the learned Trial Judge and recorded a wrong finding that the plaintiffs have made out a prima facie case.