P. THANGAVELU Vs. P. VEERAPPAN

JUDGEMENT

(1.) The Fair and Decreetal order dated 07.10.2017 passed in I.A.No.997 of 2017 in A.S.No.65 of 2017 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellant is the plaintiff, who instituted a suit for Partition. The suit was decreed in favour of the plaintiff and the respondent/defendants filed A.S.No.65 of 2017. Along with the appeal suit, an Interlocutory Application was filed in I.A.No.997 of 2017 for grant of interim injunction. The First Appellate Court granted the interim injunction. 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 by taking undue advantage of the interim order granted in the appeal suit, the respondent/defendants are going on dealing with the property in an illegal manner, causing prejudice to the interest of the appellant. Therefore, the order impugned is liable to be set aside. It is contended that the respondents are filing application for Police Protection and the said application was rejected by this Court and in spite of that, they are attempting to interfere with the peaceful possession of the appellant in respect of the suit properties.