VENKATACHALAPATHY Vs. VIJAYA

JUDGEMENT

(1.) THE 3rd defendant in O.S.No.85/2002 on the file of the learned Subordinate Judge, Tiruppattur is the petitioner in the civil revision petition. The plaintiffs 1 and 2 in the above said suit are the respondents 1 and 2 in the civil revision petition.

(2.) THE above suit was filed by the respondents herein against Hanumakkal, Raniyammal, Venkatachalam (revision petitioner herein) and Nallannan, ranking them as defendants 1 to 4 respectively, for the relief of partition claiming 1/2 share (2/4 share) in the suit property and for permanent injunction against the defendants 1 and 2 from alienating or encumbering or leasing out the suit property to the defendants 3 and 4 or to any other third party. The defendants 1 and 3 alone entered appearance through a counsel by name Thiru.S.Nandivarman, advocate and they filed a written statement. The other two defendants, namely defendants 2 and 4 did not enter appearance and they were set ex -parte.

(3.) BASED on the said observation, the learned trial judge held the plaintiffs to be entitled to 2/4, in other words 1/2 share in the suit property. Accordingly, the trial court granted a preliminary decree for partition directing the suit properties to be divided into four equal shares and allotment of two such shares to the plaintiffs. The relief of permanent injunction against the defendants 1 and 2 not to alienate, encumber or lease out the suit properties either to the defendants 3 and 4 or to any other third party was also granted.