M RAMALINGAM Vs. KITTATHAL

JUDGEMENT

(1.) The appellant is the second defendant in O.S.No.19 of 2011 on the file of the District Court, Karur. The respondents 1 and 2 filed the suit for partition. The first respondent is the mother of the appellant and the respondents 2 and 3. According to the respondents 1 and 2, the suit ''A'' schedule property was allotted to one Muthusamy, who is husband of the first respondent and father of the appellant, the respondents 2 and 3. He purchased '''B'' schedule property along with his brother's son Ramasamy and another brother Krishnasamy. ''C'' schedule property is in joint possession of parties. Based on these averments, the respondents 1 and 2 filed the suit for partition. Along with the suit, the respondents 1 and 2 filed I.A.No.76 of 2011 for interim injunction restraining the appellant and the third respondent from alienating or otherwise encumbering the shares of the respondents 1 and 2 and not to alter the physical features of the shares of the respondents 1 and 2. The appellant opposed the said application on the ground that he has acquired the title to the suit property by adverse possession and his father by a Will dated 14.12.1989 bequeathed the suit properties while he was in sound and disposing state of mind. The respondents 3 to 5 filed counter and stated that they have no objection for partition in ''B'' schedule property except first item of ''B'' schedule property.

(2.) The learned Judge, considering the averments in the affidavit and counter affidavits, granted injunction by order dated 20.01.2012 pending the suit on the ground that no partition was effected and the appellant has to prove the Will.

(3.) Against the said order, the second defendant has come out with the present appeal.