1. The first respondent/plaintiff filed the suit in O.S.No. 356 of 1996 on the file of the Sub-Court, Namakkal, impleading the first defendant therein and the respondents 2 to 4 as defendants 3 to 5. The said suit was filed for partition of plaintiff’s 1/12 share in survey No. 533 and for injunction restraining the defendants 3 to 5 from putting up any new or additional constructions in S.No.533/1. In the plaint it is specifically stated that in an extent of 3. acres and 23 cents, shown in the ‘A’ schedule to the deed of acknowledgment of partition, a partition was held between the plaintiff and the second defendant. According to the plaintiff/first respondent, a subdivision was effected. The land in survey No.533 was subdivided into three portions. Survey No. 533/1 measuring 5 acres 56 cents belongs to the plaintiff and defendants 1 and 2. It is also specifically stated that the plaintiff and defendants 1 and 2 together completely hold survey No.533/1, which is the suit property. The first defendant filed written statement and paid the court fee for division of his share in the property. When the case was posted on 24. 1998, the first and sixth defendants entered into co