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2024 Supreme(Mad) 251

P. B. BALAJI
Masilamani – Appellant
Versus
Mani Alias Vanithamani – Respondent


Advocates:
Advocate Appeared:
For the Appellants : R. Rajarajan, Adv.
For the Respondents: R. Ramesh, Adv.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside decree and judgment dated 21.11.2019 in A.S. No.87 of 2015 on the file of Sub Court, Tirupattur reversing the decree and judgment dated 27.04.2015 in O.S. No.201 of 2009 on the file of the Principal District Munsif, Tirupattur.)

1. The plaintiff, in a suit for injunction, who initially succeeded before the trial Court, but lost before the First Appellate Court is the appellant.

2. The parties are described as per their litigative status before the trial Court.

3. The material facts that are necessary for deciding the present Second Appeal are as follows:

    3.1. It is the case of the plaintiff that the first defendant is the father of the plaintiff. The second defendant is the wife of the first defendant and defendants 3, 4 and 6 are the siblings and 5th defendant is the husband of the 4th defendant. According to the plaintiff, the suit property comprises 6 cents out of 84 Ares in S.N.919/9. Though the properties were inherited by the first defendant and though there was no formal partition in the family, there was a family arrangement pursuant to which, the defendants 1 and 2 viz., the p

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