MUTHUSAMY AND ORS. Vs. A. MARUCHAMY AND ORS.

JUDGEMENT

(1.) THE defendants 2 to 5 in O.S. No. 2394 of 2004 on the file of the learned III Additional District Munsif, Coimbatore are the appellants herein. The first respondent is the sole plaintiff in the suit. One Mr. Arumugam was the first defendant in the suit. On his demise, the second respondent herein has been impleaded as his legal representative. It was a suit for partition and for separate possession of half share in the suit property and also for permanent injunction to restrain the defendants from in any manner altering the physical features of the suit property namely the suit building. By decree and judgement dated 16.08.2007, the trial Court dismissed the suit in its entirety. As against the same, the first respondent/plaintiff filed an appeal in A.S. No. 111 of 2007 on the file of the learned First Additional Subordinate Judge, Coimbatore. By decree and judgement dated 04.07.2008, the First Appellate Court allowed the appeal thereby setting aside the decree and judgement of the trial Court and granted decree for partition allotting half share to the plaintiff but, there was no decree granted for injunction in favour of the plaintiff/first respondent. As against the same, the defendants 2 to 5 are before this Court with this second appeal.

(2.) I have heard the learned counsel for the appellants; learned counsel for the first respondent; learned counsel for the second respondent and I have also perused the records carefully.

(3.) THE case of the plaintiff is as follows: - -