JUDGMENT

The plaintiff is the appellant in this appeal and this appeal has been filed against the fair and decreetal order dated 04.07.2023 made in I.A.No.447 of 2018 O.S.No.39 of 2018 on the file of the II Additional District Judge, Thiruvallur, dismissing the application filed by the appellant seeking for the relief of interim injunction restraining the 2nd defendant from putting up any further construction in the suit property, pending disposal of the suit.

2. Heard Mr.Ali Hassan Khan, learned counsel for the appellant and Mr. V.Rajasekar, learned counsel for respondents.

3. The appellant filed the suit on the ground that the suit property was alloted to the appellant by way of a oral partition which was subsequently reduced to writing in a Koor Chit dated 16.02.1996. Thereafter, the appellant was in possession and enjoyment of the suit property. The further case of the appellant is that the 1st defendant is his elder brother and the property was purchased initially in the name of the 1st defendant by the father and whereas, the entire sale consideration was paid only by the father. There was no intention to recognise the 1st defendant as the owner of the suit property. The partit