Respected,
Plaintiff is elder brother in 6 siblings ( 1 sister), who has filed suit for partition. There is family arrangement and accordingly half portion of entire property is enjoyed by elder brother and half by rest of brothers. There is no partition by meats and bounds howerer 4 brothers have started construction in half portion of the property in which they are staying since 20 years and rest half portion is left in the share of elder brother. The house in which 4 brothers were staying was in totally dilapidated position and one morning certain part of the hous colappsed which caused injury to a small girl. Therefore the 4 brothers had no option but to start the construction. Before staring construction 4 brothers had requested the elder brother for partition. He was not ready for partition. They also requested him to join construction with them. He was not ready for that also. Now elder brother has filed suit for injunction whithout claiming partition. after receiving WS elder brother has filed application for thrid party addition to corporation and also application for demolition of construction stating that now partition is not possible and property is to be demolished. Whether these two applications are maintainable?
