1. This Civil Revision Petition is filed against the order passed by the XV Assistant City Civil Judge, Chennai in I.A. No.3636 of 2002 in O.S. No.7913 of 1997 dated 4. 2002.

2. For convenience, the parties are arrayed as found in the Suit proceedings. Facts of the case are as follows:

Respondent herein had instituted a Suit on O.S. No.7913 of 1997 before the City Civil Court, Chennai for effecting division of the suit property in six equal shares and allotment of one such share in his favour and also for a direction to the first defendant, the petitioner herein to pay mesne profit at the rate of Rs.500/-per month from the date of Plaint till the date of separate possession of his shares. The main contention of the plaintiff, who is the respondent in the present Civil Revision is that the suit schedule property is an ancestral property inherited, by his maternal uncle in the year, 1940. Thereafter, the possession and enjoyment of the property went to the hands of Tmt. Parvathi Bai, widow of the plaintiffs uncle. Even during her life time, Tmt. Parvathi Bai executed a registered Will dated 11. 1969, bequeathing the property in favour of the plaintiffs mother Tmt. Lakshmi