MARY KAMALAM Vs. DURAISWAMY

JUDGEMENT

(1.) These civil revision petitions are filed against the order of dismissal dated 17.9.2008 made in I.A. Nos. 471 and 472 of 2008 in O.S. No. 269 of 2006 on the file of the Principal District Munsif, Padmanabhapuram in Kanyakumari District by the petitioner/plaintiff.

(2.) The petitioner/plaintiff has filed the above said suit against the respondent/defendant for partition and for separate possession of her share in the suit property and sought for the relief of interim injunction restraining the respondents from interfering with her possession in I.A. No. 553 of 2006.

(3.) Originally the suit property was in possession and enjoyment of one Natjimuthen, Ssharabudeen, Pasuldeen and Sirajudeen, who are the sons of Mohammed Sali. The said Najimutheen, Pasaldeen and Shabudeen executed three sale deeds in favour of the plaintiff in relation to their shares to a total extent of 112 cents of the suit property. Whereas the respondent had purchased one of the shares of 37 cents from one of the original owners and he is said to be in possession and enjoyment of the Northern portion of the suit property. The petitioner had filed an application in I.A. No. 553 of 2006 for the relief of interim injunction and after hearing both sides, the learned Principal District Munsif, Padmanabhapuram had directed both the parties not to alter the suit property in any manner and also restrained both the parties from cutting and removing the trees from the suit property and to maintain status quo till the disposal of the main suit.