VELANDASAMY @ VEL KONDASAMY Vs. VIDHYABHARATHI

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant against the judgment and decree passed by the Principal District Judge, Coimbatore in A.S.No.71 of 2010 dated 18.11.2011 confirming the judgment and decree passed by the Sub Judge, Pollachi in O.S.No.135 of 2007 dated 20.08.2009.

(2.) The respondent herein had filed a suit in O.S.No.135 of 2007 on the file of the Sub-Judge, Pollachi, to divide the suit properties into two equal shares by metes and bounds and to allot one such share to him; to direct the defendant to pay a sum of Rs.50,000/- per annum as future mesne profits.

(3.) The learned Sub Judge, Pollachi by the judgment dated 20.08.2009 passed a preliminary decree to divide the suit properties in to two equal shares by metes and bounds and to allot one such share to the plaintiff and also granted permanent injunction restraining the defendant from in any way alienating or encumbering the suit properties. In so far as future mesne profits is concerned, he has directed for separate enquiry under Order 20 Rule 12 of C.P.C. However, he directed the parties to bear their respective costs.