1. Petitioner is the defendant in O.S.No.191 of 1997 on the file of the Principal District, Munsif, Kuzhithurai. The respondent herein filed the above suit for injunction restraining the petitioner and others from interfering with his possession.

2. According to the respondent/plaintiff he was in possession of the property from 1966 onwards and his possession is not liable to be disturbed by any one including the petitioner. He also filed for an appointment of a Commissioner verified and report about the physical features of the suit property and the building situated therein, and to specifically note the details of the compound wall with the gate surrounding the suit property etc. In the plaint it is stated that there was earlier a suit in between the respondent and his elder brother Arumuga Nadar and his wife Ponnachi in O.S.No.640 of 1974. The suit was decreed declaring that Arumuga Nadar and his wife are entitled to ¾th share in the property and the same is allowed to be divided and partitioned. A preliminary decree and a final decree were passed. An Execution Application was also filed and the property was also taken delivery through court. It is submitted in the pla