JUDGMENT

This Appeal is filed against the judgment and decree dated 28.02.2013 made in A.S. No. 42 of 2012 passed by the learned First Additional Sub- Ordinate Judge, Erode, confirming the judgment and decree dated 29.03.2012 made in O.S. No. 49 of 2006 on the file of the learned Principal District Munsif, Erode.

2. The Appellant in this appeal is the sole Defendant in O.S. No. 49 of 2006 on the file of the learned Principal District Munsif, Erode. The suit in O.S. No. 49 of 2006 was filed by the Plaintiffs, who are the cousins of the sole Defendant in the suit. The suit was filed for the relief of bare injunction.

3. As per the plaint averments, the paternal grandmother of the Plaintiffs and the Defendant Palaniammal had two sons – Ramasamy Gounder and Thammana Gounder. On 14.05.1980 there was partition in the family of Palaniammal whereby 'A' schedule property was allotted to Palaniammal. 'B' schedule property was allotted to Thammana Gounder and 'C' schedule property was allotted to Ramasamy Gounder. After the death of Palaniammal, 'A' schedule property was equally partitioned between the Plaintiffs' father Ramasamy Gounder and Defendant's father Thammana Gounder. The daughters of