THANGAVEL Vs. CHIDAMBARAM

JUDGEMENT

(1.) THE defendants 1 to 4 in the original suit are the appellants in the second appeal. The plaintiff is the first respondent and the 5th defendant in the suit is the 2nd respondent in the second appeal. For the sake of convenience, the parties are referred in accordance with their ranks in the original suit.

(2.) THE plaintiff Chidambaram, filed initially O.S.No.183/2001 on the file of Sub Court, Krishnagiri. Subsequently, due to enhancement of pecuniary jurisdiction of the Munsif courts, the suit came to be transferred to the court of the District Munsif, Krishnagiri and re-numbered as O.S.No.134/2004. The said suit was filed praying for the relief of partition claiming 1/5th share in the suit properties, for separate possession of the share of the first respondent herein/plaintiff and for a permanent injunction not to alienate or encumber the suit properties. The said prayer was made on the basis of plaint averments which are as follows:

(3.) BASED on the above said averments, the defendants 1 to 4 had prayed for the dismissal of the suit with compensatory cost under section 35-A of the Civil Procedure Code.