Subba Rao, J.-This is an appeal against the order of the Court of the Subordinate Judge of Vellore in I. A. No. 391 of 1946. The appeal was filed on the assumption that the said order was a final decree in O. S. No. 41 of 1943.

One Kaka Abdul Aziz Sabib died on or about the 21st February, 1943. The plaintiff is his widow. The first defendant is his uterine sister. Defendants 2 to 8 are his father’s children by the second wife. The ninth defendant is his sister’s son, i.e., the son of the first defendant. The suit was filed for partition and for possession of the plaintiff’s one-fourth share in the properties left by her husband and also for rendition of accounts in regard to the business carried on by the deceased. On 25th September, 1944, a preliminary decree for partition was passed in the suit. On 22nd April, 1946, the first defendant filed I. A. No. 391 of 1946 for the passing of the final decree. That application was opposed by the plaintiff and the other defendants mainly on the ground that subsequent to the preliminary decree the parties to the suit divided all the properties in the presence of panchayatdars and took possession of the properties that fell to their sha