Injunction application in a partition appeal where the trial court had dismissed the suit for failure to prove two Wills. The Division Bench held that no injunction could issue once the Wills were found unproved, and dismissed the petition.
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C.M.P.No.10623 of 2024 in A.S.No.348 of 2024
R.SUBRAMANIAN, J. and
R.SAKTHIVEL, J.
The plaintiff's suit for partition and other reliefs was dismissed by the trial Court on a finding that the plaintiff has not proved the Will dated 05.12.1973 executed by the original owner Rajamanickam in favour of his wife Dhanalakshmi and the subsequent Will by Dhanalakshmi in favour of the plaintiff. Those two Wills are the main stay of the plaintiff's case.
2. Once there is a finding that the Wills have not been proved in accordance with law, we do not think we can grant an order of injunction in favour of the plaintiff, particularly when her suit had been dismissed.
3. Hence, this injunction petition is dismissed.
(R.S.M., J.) (R.S.V., J.) 02.07.2024
dsa
1/1
R. Subramanian
R. Sakthivel
As recorded by the court registry
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