LAWS(MAD)-2009-4-2

M C SIVAGAMUI Vs. M C KUPPUSAMY

Decided On April 16, 2009
M.C.SIVAGAMUI Appellant
V/S
M.C.KUPPUSAMY Respondents

JUDGEMENT

(1.) This is an application filed by the plaintiffs praying for an order of injunction restraining the defendants from dealing with the suit property.

(2.) The brief averments found in the application filed by the plaintiffs: The plaintiffs are represented by their power of attorney K. N. Sudhakar. The suit is filed for partition of the suit property and for permanent injunction, restraining the defendants from dealing with the suit property. The defendants have no right to alienate the suit property or their interest therein. In any case the suit property remains undivided. The defendants cannot earmark and sell away the portion of the suit property. The defendants have proposed to put up some construction on the suit land. If they are allowed to do so, it will not only change the character of the suit property, but also lead to multiplicity of proceedings. Therefore, the defendants should be restrained from dealing with the suit property.

(3.) The third defendant has simply adopted the counter filed by the first and second defendants. The fourth defendant has set up a similar counter plea as that of the defendants 1 and 2 in his counter.