JUDGMENT :

V.M. VELUMANI, J.

Prayer: This First Appeal is filed under Section 96 of C.P.C., against the judgment and decree dated 04.12.2015 made in O.S.No. 166 of 2012 on the file of the I Additional District and Sessions Court, Coimbatore.

1. Initially the 3rd respondent viz. Saraswathi was shown as 2nd appellant. Subsequently, by the order of this Court dated 08.06.2022 made in C.M.P.No. 13839 of 2016, she was transposed as 3rd respondent. The appellant is 2nd defendant, the 3rd respondent is 3rd defendant and their father Krishnasamy Gounder was the 1st defendant in O.S.No. 166 of 2012 on the file of the I Additional District and Sessions Court, Coimbatore, filed by the respondents 1 & 2 for partition and permanent injunction.

2. Challenging the preliminary decree granted to respondents 1 & 2 that they are entitled to 2/5th share jointly in the suit property and permanent injunction restraining the appellant from encumbering the share of respondents 1 and 2, the appellant filed the present appeal.

Case of the respondents 1 & 2:

3. The respondents 1 & 2 are daughters of Krishnasamy Gounder, the 1st defendant in the suit in O.S.No. 166 of 2012, who died pending suit. The appellant here