COMMON JUDGMENT

The plaintiff, in a suit for partition and also being a defendant in a suit for permanent injunction filed by the 5th defendant in the suit for partition, is the appellant in both the above Second Appeals.

2.The parties are described as per their litigative status in the partition suit, namely O.S.No.184 of 2001.

3.The brief facts that are necessary for adjudicating the above Second Appeals are as follows:

The plaintiff, claiming to be the son through the 1st wife of his father, namely Nataraja Padayachi, filed the suit seeking partition and separate possession of his 1/7th share in the suit property. The 1st defendant is the 2nd wife of the said Nataraja Padayachi. The defendants 2 to 6 are the children of Nataraja Padayachi, born through the 2nd wife. The 6th defendant is the son in-law of one of the deceased daughters of Nataraja Padayachi, who died after the demise of Nataraja Padayachi. According to the plaintiff, his father Nataraja Padayachi, died intestate on 05.06.1996, all his properties would devolve equally amongst the plaintiff and the defendants. As the defendants were not coming forward to partition the suit properties, the plaintiff was constrained to is