JUDGMENT :

PRASHANT KUMAR MISHRA, J.

Delay condoned in filing Special Leave Petition(C) Diary No(s). 7823 of 2018.

2. Leave granted in Special Leave Petition (C) No(s). __ @ Special Leave Petition(C) Diary No(s). 7823 of 2018.

3. This appeal has been preferred by the defendant no. 2 (Sachidhanandam) assailing the legality and validity of the judgment and decree passed by the High Court, allowing the regular second appeal in part, preferred by the plaintiff (E. Vanaja-respondent no. 1 herein).

4. Plaintiff’s suit for partition was allowed by the trial Court allotting her 1/8th share in the suit properties. On appeal by the defendant no. 2, the First Appellate Court allowed the appeal in part holding that the plaintiff/respondent no. 1 is entitled to 1/16th share in suit ‘B’ and ‘C1’ schedule properties. At the same time, the First Appellate Court granted liberty to the plaintiff to work out her remedy for mesne profits with regard to ‘C1’ schedule property and items 25 to 30 in ‘B’ schedule properties by filing a separate proceeding under Order 20 Rule 12 of CPC. As against this, the High Court in second appeal has held that after the death of the plaintiff’s husband, namely, Elangovan,