Judgment

Chelameswar, J.

1. The instant special leave petition is filed by two unsuccessful petitioners before the High Court of Madras in CRP (PD) No.3342 of 2012 aggrieved by a final order dated 15.11.2012 passed therein.

2. The petitioners herein are defendant nos.2 and 3 respectively in Original Suit No.300 of 2011 on the file of the Court of District Judge, Coimbatore. The said suit was filed by the first respondent herein. She is the daughter of 2nd respondent herein. The suit was filed with the prayer as follows:

“a) for partitioning of the properties more fully described in the schedule hereunder and allot ½ share to the plaintiff.

b) directing the defendants to pay plaintiff the cost;

c) granting to the plaintiff such other and further reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case and render justice.”

Such a prayer is based upon the pleading that the suit scheduled property originally belonged to one Shri S. Somanathan, the grandfather of the plaintiff who according to the plaint died intestate on 16.08.1981. The relevant portion of the plaint reads as follows:

“The suit properties more fully described hereunder in the schedule belongs to L