M. Chockalingam, J.

Challenge is made to the judgment of the learned Single Judge of this Court made in O.A.No.3328 of 2007 in C.S.No.129 of 2007. By the said judgment, the order of rejection of C.S.No.129 of 2007, a suit for partition, was made, by allowing the application in A.No.3328 of 2007.

2. The appellant/plaintiff filed the said C.S.No.129 of 2007 for partition seeking 1/5th share in the plaint schedule property with the following averments. The suit properties were purchased by the father of the plaintiff C.E. Reddi in the name of his wife, the first defendant. The properties were purchased by C.E. Reddi, out of the joint family funds. On his death, they were to be divided among the plaintiff and the first defendant/ wife and the children shown as the other defendants. In view of the misunderstanding among the family members, an oral partition was effected in the year 1987. As per the oral partition, the western portion of the Schedule Item-I along with garage was allotted to the plaintiff, while the eastern part was retained by the defendants 1 and 2. When such a division was orally made, the western portion was allotted to the plaintiff, since he was the eldes