1. The plaintiff/appellant filed the suit in O.S.No.882 of 1989 on the file of the learned II Additional District Munsif, Tiruchirapalli praying for a decree for permanent injunction restraining the first defendant/first respondent-bank from interfering with the enjoyment of the suit property.

2. The first defendant/first respondent-bank filed a suit in O.S.No.926 of 1978 to enforce the mortgage executed by the second defendant/second respondent. The said mortgage was executed on 24.5.1976. The said suit filed by the first respondent-bank was decreed and the second respondent went up to the High Court, aggrieved against the said decree, but failed in his attempt. It is relevant to mention here that the second respondent obtained a loan on 24.5.1976, by executing the said mortgage. At this stage, the appellant/plaintiff who is the son of the second respondent filed the present suit to stall the proceedings taken by the first respondent to executing the decree. The present suit was filed on the basis that a partition deed was entered into on 1.8.1977 and so without impleading him as a defendant in the mortgage suit, as he is the owner of the property, the first respondent c