ARUN KAPUR AND VINAY KUMARI Vs. ATUL KAPUR

JUDGEMENT

(1.) This Application has been filed for an order of ad interim mandatory injunction directing the respondent/plaintiff to vacate possession of the premises namely Pent House 9-A situated at "Ved Nivas' No. 52, Taylors Road, Kilpauk, Chennai-600010 and restore the possession of the said Pent House No. 9-A to the applicants/defendants pending disposal of the suit.

(2.) The defendants in the suit filed the Application under Order 39 Rule 1 and 2 CPC for an order of interim mandatory injunction directing the plaintiff to vacate the Pent House, which is more fully described in the schedule and to restore possession of the said Pent House pending disposal of the suit.

(3.) The suit was filed by the plaintiff, who is the younger brother of 1st defendant and son of 2nd defendant, for partition of the immovable property, (i.e.) land and buildings bearing door No. 52, Taylors Road, Kilpauk, Chennai-18, measuring 11 grounds 1837 sq.ft. and put the plaintiff in separate possession of 11014/28284 shares by metes and bounds and also for rendition of true and correct accounts of the income from the said property collected by 1st defendant.