As against the order passed in I.A.No.6 of 2005 filed by the defendants 1 and 2 directing the Advocate Commissioner to divide the suit property as per the decree of the High Court dated 7. 2002 made in A.S.No:1300 of 1998, the plaintiffs have preferred this revision.

2. The brief facts of the case is as follows:-

(a) One Balakrishnapillai had three sons namely 1) Ramachandran, 2) Nandakumar and 3) Sambandam. They jointly purchased the property situate din R.S.No.385/2, Easaniya Thope Street, Sirkazhi Town on 10. 1973 under a registered sale deed, and each of them being entitled to 1/3rd share.

(b) Subsequently Sambandam died on 28. 1983 leaving behind his mother Mangayarkarasi, wife Kamala, daughter Rajalakshmi and son Dr.B.Shanmugham and according to the plaintiffs he had executed a Will on 4. 1983 settling 1/3rd share of the suit properties to the son, the third plaintiff in the suit. But according to the defendants the said Sambandam died intestate on 28. 1983 leaving behind them and each of them entitled to 1/4th share in his 1/3rd share.

(c) While that being so, the plaintiffs filed the suit in O.S.No.38 of 1985 before the Principal Subordinate Judge, Myladuthurai