J U D G M E N T

This Second Appeal is directed against the confirming judgment of the Appellate Court made in A.S.No.19 of 2008, dismissing the said appeal, confirming the judgment and decree in O.S.No.1238 of

2005, on the file of the I Additional District Munsif, Madurai Town.

2.The suit was filed by the appellant seeking a decree for permanent injunction restraining the respondents, who are none other than his brothers, by means of permanent injunction from interfering with his possession of the suit property and putting up any unauthorized cross wall affecting the plaintiff's right to possession and from encumbering or alienating the suit property till the award passed by the arbitrators is implemented.

3.Both the Courts below have concluded that such a suit at the instance of one of the sharers is not maintainable. However, in the written statement, it is also stated that the defendants are not putting up any further construction in the suit property. Be that as it may, the very maintainability of the suit is doubtful in view of the prohibition contemplated under Section 41H of the Specific Relief Act. There cannot be a suit for permanent injunction, till such time the property is