DAMODARAN Vs. SASIDHARAN

JUDGEMENT

(1.) Petitioner, who is the 6th defendant in OS No. 39/2017 of the Munsiff Court, Mavelikkara, aggrieved by an interim injunction granted against him by an order in IA No.219/2017 as confirmed in CMA No.61/2017 of the of the Additional District Court, Mavelikara, has approached this court.

(2.) The case of the plaintiffs is that, the first plaintiff and the defendants 1 to 6 are siblings. Second and third plaintiffs are the widow and son of the deceased brother of the siblings. Defendants 7 and 8 are the children of the first plaintiff's deceased sister. The first plaintiff and the defendants 1 to 6 are the co-owners in possession of the plaint A,B and C schedule properties. Even though the plaintiffs are co-owners, defendants 1 to 6 executed a partition deed as deed No. 624/2016 of Nooranadu SRO, without making the plaintiffs parties to the partition deed. Hence, it was claimed that partition deed was not valid. However, the defendants started construction work in the plaint schedule properties. Hence, the suit was filed. It was pleaded that, if construction works are permitted to be carried out in the plaint schedule properties, it will cause irreparable injury and hardship to the plaintiffs. Hence, the suit was filed for cancellation of the partition deed and also for permanent prohibitory injunction restraining the defendants from making any constructions or structures in the property.

(3.) An interim injunction was sought in IA No.219/2017 in terms of the averments which were pleaded by the plaintiffs.