IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.08.2011 CORAM THE HON'BLE MR. JUSTICE V.PERIYA KARUPPIAH Application No.3638 of 2011 in C.S.No.405 of 2008 ORDER This application has been filed by the applicant / third defendant seeking an order permitting him to put up compound wall for the property more fully described in the Judge's summons and sought for necessary police protection, if necessary, to put up compound wall. 2. Heard Mr.M.Vaidyanathan, learned counsel for the applicant and Ms.Chandra, learned counsel appearing on behalf of Mr.R.Karthikeyan, learned counsel for the respondent. 3. The learned counsel for the applicant would submit in his argument that the applicant is the third defendant and the property described in the Judge's summons is included in the plaint as schedule 'D' and the property is lying vacant and the suit filed by the respondent / plaintiff is for partition and separate possession of the suit properties in respect of their shares and till the adjudication of the said suit, if the property is kept vacant, there is likelihood of encroachment by others into the suit property and hence, third party rights will be intervened with the rights of the parties herein and therefore the applicant / third defendant may be permitted to put up a compound wall in and around the suit property so as to protect the same. The learned counsel for the applicant would further submit that the applicant would put up the compound wall at his own expenses and therefore, there may not be any objection from other side for granting such permission to the applicant. 4. The learned counsel for the first respondent / plaintiff would submit in her argument that she has no objection for putting up the compound wall in and around the suit property by the applicant at his own expenses. 5. Since the permission sought for by the applicant / third defendant is for the general welfare of the properties belonging to all the parties, this Court has no impediment for granting permission to the applicant for putting up the compound wall in and around the property mentioned in the schedule to the Judge's summons, at his own expenses. 6. Accordingly, the application is ordered and the applicant is hereby permitted to put up the compound wall in and around the property, mentioned in the schedule to the Judge's summons, within a period of one month from the date of receipt of a copy of this order. Mra