The C.M.A. has been filed against the order of remand by the Subordinate Judge, Mayiladuthurai in A.S.No.12 of 1990 on his file. The first appellant in the Civil Miscellaneous Appeal filed suit O.S.No.171 of 1983 before the District Munsif, Seerghazhi against the respondent herein for a permanent injunction restraining him, his men and agents from interfering with his possession or in the alternative for recovery of possession in respect of an extent of 7 cents in R.S.No.166/4 in No.91 Mudikandanallur Village in Tharangambadi Taluk, Mayiladuthurai Registration District with 22 coconut trees, plantains and trees like portia, vaagai and margoza. Pending C.M.A., he died and his legal representatives have come on record as appellants 2 and 3. The case as set out in the plaint is as follows: The suit property was allotted to the plaintiff in a family partition between his paternal uncle and himself to be enjoyed by them jointly and the paternal uncle having died 40 years prior to the suit without leaving behind any heir or legal representative, he became the sole owner and in possession of the same. The defendant/respondent used to work as a casual labourer in his wet lands in