RATNA BAI Vs. V. MUNIRAJ

JUDGEMENT

(1.) The judgment and decree dated 30.08.2018 passed in I.A.No.313 of 2017 in O.S.No.111 of 2017, on the file of Additional District Judge, Hosur is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellant is the plaintiff, who instituted a suit for Partition. Along with the suit, an Interlocutory Application is filed in I.A.No.313 of 2017 for interim injunction. The trial Court adjudicated the issues and made a finding that the petitioner is not entitled for the relief of injunction since she has filed only a Partition Suit and she has not sought for injunction as against the defendants. Thus, the Interlocutory Application was dismissed. Challenging the said order, the present Civil Miscellaneous appeal is filed.

(3.) The learned counsel appearing on behalf of the appellant made a submission that the respondents are taking steps to challenge the character of the suit property and the suit is pending for the past about 3 years and unless an interim order is granted, the same would cause prejudice to the interest of the appellant.