ANU SHARMA Vs. SUJEETHKUMAR SHARMA

JUDGEMENT

(1.) These Appeal Suits arise out of a common judgment and decree, dtd. 21/11/2013 of the learned I Additional District and Sessions Judge, Cuddalore in O.S.No.35 of 2012 and O.S.No.239 of 2012, in and by which, the suit in O.S.No.239 of 2012, for permanent injunction was dismissed and O.S.No.35 of 2012, for partition of the suit properties was decreed by granting a preliminary decree.

(2.) The brief facts that led to the filing of the present appeals are that the suit 'A' schedule property in O.S.No.35 of 2012 originally belonged to one Mahavir Prasath Sharma, he having purchased the same under three sale deeds, dtd. 25/10/1990, 3/1/1992 and 3/11/1994. The said Mahavir Prasath Sharma first married one Vimaleshkumari and thereafter, he again married Vimaleshkumari's sister, Anu Sharma. Through Vimaleshkumari, he had one son namely, Sujeethkumar Sharma and through Anu Sharma, he had two sons namely, Sureshkumar Sharma and Surajkumar Sharma and two daughters namely, Ritukumari and Reenakumari.

(3.) The said Mahavir Prasath Sharma was running a sweet stall and bakery under the name and style "Delhi Sweets and Reena Bakery" in the schedule 'A' mentioned property. The elder brother of Mahavir Prasath Sharma namely, Om Prakash Sharma was also jointly looking after the sweet shop. Suddenly, the said Mahavir Prasath Sharma died on 26/2/1999 intestate. After the death of the said Mahavir Prasath Sharma, his first wife Vimaleshkumari and son Sujeethkumar Sharma joined the brother of the said Mahavir Prasath Sharma namely, Om Prakash Sharma and filed a suit in O.S.No.456 of 2010 for bare injunction against Anu Sharma, the second wife and her son Sureshkumar Sharma from in any manner interfering with the sweet stall business in any manner.