COMMON JUDGMENT

One SP.V.M.Thiyagarajan, as a plaintiff, filed O.S.No.347 of

2004, on the file of the Additional District Judge, (FTC No.I), Madurai, against one R.Prema and R.Karthick, who are defendants in the said suit, for the relief of partition and separate possession of A, B and C schedule properties and to give a share to the plaintiff in the business run in D and E schedule properties and also a share in the Fixed Deposit in F schedule property with costs of the suit. O.S.No.36 of 2009 on the file of the Additional District Judge, (FTC No.I), Madurai, was filed by the 1st defendant in the above suit namely, Prema, as a plaintiff, against one SP.V.M.Thiyagarajan/plaintiff in O.S.No.347 of 2004, for a permanent injunction restraining the defendant and his men from interfering with her peaceful possession and enjoyment of the suit property therein. As pleadings and submissions were common, the trial Court conducted a joint trial and by a common judgment and decree, dated 11.08.2011, dismissed the suit for partition in O.S.No.347/2004 with costs and decreed O.S.No.36 of 2009 granting permanent injunction. Aggrieved by the dismissal of the partition suit in O.S.No.347/2004, the