1. The following are the allegations succinctly, as per the petition under Section 47 of C.P.C.:

1 (i) One Ammaniammal filed O.S.No.1093 of 1990 against two sons by name Ponnusamy and Varadharajan and daughter Kavariammal, the respondent herein. The Trial Court viz., Sub Court, Coimbatore, passed a preliminary decree on 07.02.1995 for partition of the suit property into eight equal divisions and to allot 5 shares to the plaintiff Ammaniammal. The shares of Ammaniammal alone were declared. The respondent who was defendant in the suit, remained ex-parte and there was no allotment of share in her favour. Ammaniammal died on 21. 1999. The respondent filed an application under Order 20, Rule 18(2) of C.P.C. for passing a final decree wherein the prayer is as per affidavit to allot 5/8 shares to her as per preliminary decree along with 1/4 of her alleged share in the suit property totalling 7/8th share in the suit property in her favour. The said prayer is in contravention to the declaration of shares in the preliminary decree. Since no share was declared for the respondent in the preliminary decree, the final decree should not have been passed in I.A.No.23 of 1999.

1.(ii) Th