IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 16.10.2025 Pronounced on: 23.01.2026 CORAM:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.S.No.50 of 2018 M.Krishnamoorthi ... Appellant Vs K.Thangaraju ... Respondent PRAYER : This Appeal suit is filed under Section 96 read with Order 41 Rule 1 of C.P.C., against the judgment and decree dated 05.09.2017 passed in O.S.No.50 of 2013 on the file of the learned Additional District Judge, Namakkal.

For Appellant : Mr.S.V.Karthikeyan For Respondent : Mr.N.Manokaran

J U D G M E N T

This appeal is directed against the judgment and decree dated

05.09.2017 passed by the learned Additional District Judge, Namakkal, in O.S.No.50 of 2013, whereby the suit filed for partition, separate possession and permanent injunction was dismissed.

2. The plaintiff filed the suit seeking (i) partition of the suit schedule property and allotment of 1/3rd share to him by passing a preliminary decree and thereafter a final decree; (ii) permanent injunction restraining the defendant from interfering with the plaintiff’s enjoyment of his alleged 1/3rd share till final partition; and (iii) costs.

3. For the sake of convenience, the parties are referred to in this ju