K.M. THANGAVEL Vs. K.T. UDAYAKUMAR

JUDGEMENT

(1.) The defendants 1, 3 and 4 in the Original Suit are the appellants in the second appeal. The plaintiff in the original suit is the first respondent and the 5th defendant in the original suit is the second respondent in the second appeal. The suit O.S.No.97/2004 was filed by the first respondent herein against the appellants 1 and 2 herein and one Jayalakshmi (since deceased), for the relief of partition and separate possession, claiming = share in the suit property and for a permanent injunction. Subsequently, Jayalalkshmi, the mother of the plaintiff died and her two other daughters, namely the 3rd appellant and the 2nd respondent herein were impleaded as defendants 4 and 5.

(2.) After trial, the learned trial judge, by judgment dated 14.06.2010, decreed the suit in part and granted a preliminary decree for partition holding the first respondent herein/plaintiff to be entitled to 1/5th share alone and directing division of the same from the rest and also granting a permanent injunction not to cause any alienation or encumbrance binding the said share of the first respondent/plaintiff.

(3.) On appeal in A.S.No.97/2010, the learned lower appellate judge, namely the Principal District Judge, Erode, reversed the judgment of the trial court and decreed the suit as prayed for granting a preliminary decree for the division of the suit property in to two equal shares and allotment of one such share to the plaintiff and also enlarging the decree of injunction so as to cover the said share of the plaintiff as found in the appeal. The said judgment was pronounced by the lower appellate judge on 08.12.2011. As against the said judgment and decree of the lower appellate court dated 08.12.2011, the present second appeal has been filed by the appellants, who were defendants 1, 3 and 4 in the suit, on various grounds set out in the Memorandum of Grounds of Second Appeal.