IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 18.12.2023 Pronounced on 21.12.2023 CORAM THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Appeal Suit.No.271 of 2012 and M.P. No. 1 of 2012

1.C.Shanmugam

2.C.Alagesan

3.C.Venkatesan ....Appellants/plaintiffs Vs.

1.Chinnapaiyan

2.Asaithambi ...Respondents/Defendants Prayer: First Appeal has been filed under order 41 Rule 1 r/w section 96 of CPC, against the Judgement and Decree dated 07.09.2011 made in O.S.No.190 of 2010 on the file of the Additional District and Sessions Judge (FTC No.2) Salem.

For Appellants : Mr.P.Jagadeesan For R1 & R2 : No appearance

JU D G M E NT

This appeal is preferred against a judgment and decree dated

07.09.2011 in O.S.No.190 of 2010 passed by the learned Additional District and Sessions Judge (FTC No.2) Salem.

2.The plaintiffs are the appellants. The plaintiffs filed the above suit in O.S.No.190 of 2010 for partition in the suit property and for permanent injunction restraining the defendants from alienating the suit property.

3.The case of the plaintiffs is that, the plaintiffs are brothers and the

1^st defendant is the father of the plaintiffs and their mother is one Kamala. The 2^nd defendant is the son of