J U D G M E N T

The dismissal of I.A.No.1/2024, an application for temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 , by the Additional Sub Court, North Paravur, is under challenge in this appeal filed by the plaintiff in O.S.No.36/2024 on the files of the said court.

2. The suit was one for declaration that the partition deed No.595/2016 of Alangatt S.R.O (Ext.A2) has been created by perpetrating fraud, misrepresentation and illegality; and seeking partition of the suit property. The suit property belonged to Abdul Salam, the deceased father of the plaintiff. After the death of the plaintiff’s father, the said property devolved upon the plaintiff, his mother and siblings and also upon the mother of the deceased by way of intestate succession. It is stated that the mother of the plaintiff’s father obtained 1/6 share over the suit property as per the relevant provisions of intestate succession of Muslim law. The above said ⅙ share obtained by the mother of plaintiff’s father was said to have been gifted (vide Ext.A1) to the husband of the 1st defendant, who was the direct brother of deceased father of the plaintiff. The defendants 2 and 3 are the so