K PERUMAL Vs. S KARPOORA SUNDARAN

JUDGEMENT

(1.) The 41st defendant in the suit is the appellant in this Civil Miscellaneous Appeal.

(2.) The suit was filed by the respondents herein seeking the relief of partition and separate possession. The suit schedule has four items. Schedule 1 and 2 pertain to immovable properties. Schedule 3 and 4 are movable properties. The case of the plaintiffs is that the suit items are ancestral in character and that the first defendant father and the plaintiffs have one third share each. They are aggrieved by the fact that the father has been unlawfully alienating the suit properties. This necessitated them to file the instant suit in O.S.No.56 of 2011 on the file of Principal District Court, Srivilliputhur.

(3.) The suit was filed in June 2011. The appellant herein had purchased a portion of the suit property measuring about 9 cents of land by sale deed dated 07.02.2012. Thereafter, an application for impleading the appellant was filed and the appellant was arrayed as 41st defendant. Since the appellant taken steps to construct in the plot which he purchased, the plaintiffs filed I.A.No.83 of 2014 for restraining him from altering the character of the suit properties. The said I.A was allowed. Questioning the same, the appellant filed a Civil Miscellaneous Appeal before this Court.