R RENUKA Vs. N KRISHNAKUMARI

JUDGEMENT

(1.) The appellants herein, are the plaintiffs in O.S.No.437 of 2010. Appeal is against the dismissal of the suit filed for bare injunction against the respondents by the trial Court in OS.No.437 of 2010 and confirmed by the Appellate Court in A.S.No.51 of 2014 against which the present Second Appeal is preferred.

(2.) Before the Additional Sub Court, Tiruchirappalli, appellants herein have preferred O.S.No.437 of 2010 against the respondents Krishnakumari and Narendraraj. Whereas, the second respondent herein, Narendraraj has preferred the suit O.S.No.158 of 2008 against the appellants 2 to 6. Both the suits are for the relief of injunction inrespect of suit schedule property which was purchased by Sundararaj through Court auction.

(3.) The property being a joint family property which devolved upon Veerasamy, who is the grand father of the plaintiff in O.S.No.158 of 2008. The property has been bequeath to the plaintiff in O.S.No.158 of 2008 through the will dated 110.1983 executed by Veerasamy Naidu. After death of Veerasamy, the entire suit property is in possession and enjoyment of the plaintiffs. Both the appellants herein and the respondents have filed the suit and counter suit for permanent injunction claiming possession and enjoyment in respect of the same property and relied upon the earlier proceedings between the parties before revenue authorities and other 3rd parties regarding rent control proceedings. The trial Court has considered the devolution of the property from the Court auction purchased by Sundararaj vide Ex.B1 and the will of Veerasamy Naidu marked as Ex.B.20. the parties are seeking relief.