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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 4715 of 2000

PETITIONER:

Hero Vinoth (minor)

RESPONDENT:

Seshammal

DATE OF JUDGMENT: 08/05/2006

BENCH:

ARIJIT PASAYAT & R.V. RAVEENDRAN

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

Appellant calls in question legality of the judgment

rendered by a learned Single Judge of the Madras High Court

allowing the Second Appeal filed by the defendant i.e.

respondent herein under Section 100 of the Code of Civil

Procedure, 1908 (in short ’CPC’).

Material facts in a nutshell are as follows :

A suit was filed by the appellant as plaintiff for

permanent prohibitory injunction to restrain the defendant

from causing obstruction in plaintiff putting up compound

wall in his portion of property bearing R.S. No.418/5, South

Pidari Street, Seerkazi Town along the ’GH’ line in the rough

plan attached to the plaint.

A Partition deed dated 23.11.1950 was executed among

five brothers; Narayanaswami, Parangusa Chettiar,

Purushothaman Chettiar, Radhakrishnan Chettiar and

Aravamutha Chettiar. Under the said partition, ’C’ Schedule

items were allotted to Purushothaman Chettiar and ’E’