S VENKATACHALAM Vs. SARADAMBAL

JUDGEMENT

(1.) The 1st defendant in O.S.No.335 of 1999 on the file of the Second Additional Sub-Court, Erode, is the appellant in this second appeal. The 1st respondent herein is the plaintiff and the respondents 2 to 5 are the defendants 3 to 6. During the pendency of the suit, the 2nd defendant, S.Sellammal died.

(2.) The 1st respondent/plaintiff filed the suit for partition, directing division of the suit properties into 18 equal shares by metes and bounds and allotment of 7 such contiguous shares to the plaintiff and put her in separate possession of such shares; appoint a Commissioner to make division of the suit properties and restrain the defendants 1 to 5 from in any manner either alienating or encumbering the suit properties with specific boundaries including the share of the plaintiff either to the 6th defendant or to any other 3rd party till a final partition is effected.

(3.) The Trial Court, by decree and judgment dated 18.09.2006, decreed the suit and granted a preliminary decree directing partition and division of the suit property into 15 equal shares and allotment of six such contiguous shares to the plaintiff and also granted a decree of permanent injunction as prayed for.