K MALA Vs. S VASU

JUDGEMENT

(1.) THE plaintiff and the first defendant in O.A.No.1280 of 2008 are sister and brother. THE second defendant is the wife of the first defendant. THE suit property originally belonged to the father of the plaintiff and the first defendant. THE father died intestate leaving behind the plaintiff and the first defendant as the legal heirs claiming one half share in the suit property. THE plaintiff has filed the Suit in C.S.No.1145 of 2008 before this Court, seeking the following relief:

(2.) THE plaintiff filed an Application in A.No.5923 of 2008, seeking a direction to deposit the rental income derived from the suit property into the Court. Another application was filed in O.A.No.1280 of 2008 not to alienate the suit property. THE second defendant has filed an application in A.No.3970 of 2009 to vacate the exparte order of injunction dated 11.12.2008 granted in O.A.No.1280 of 2008. Another application was filed by the second defendant in A.No.3971 of 2009 to reject the plaint filed by the appellant. Before the learned single Judge, the first defendant did not appear and contest the applications. THE learned single Judge allowed the Application in A.No.5923 of 2008 in part and directed the second defendant to deposit 50% of the total rental amount pertaining to the suit property. Subsequently, O.A.No.1280 of 2008 and A.No.3970 of 2009 have been allowed in part by granting an order of interim injunction restraining the second defendant from alienating the eastern portion of the suit property. Application No.3971 of 2009 seeking to reject the plaint was dismissed.

(3.) O.S.A.No.163 of 2010