1. The Second Appeal is directed against the judgment and decree dated 06.03.2006 passed by the learned Principal District Judge, Cuddalore, in A.S.No.64 of 2005, whereby the judgment and decree passed by the learned Principal Subordinate Judge, Cuddalore, dated 22.03.2005 in O.S.No.211 of 2003, were confirmed.

2. The plaintiffs are the appellants and the defendants are the respondents. For convenience, the parties would be referred to as in their rank in O.S.No.211 of 2003.

3. The plaintiffs filed the suit for the following reliefs;

"(1) to declare that the decree passed in O.S.No.22 of 2003 on the file of the First Additional Sub Court, Cuddalore, is not valid and binding upon the plaintiffs with respect of their 2/40th share;

(2) to pass a preliminary decree for partition and separate possession of plaintiffs'

2/40th share each in suit 'A' schedule properties and 1/4th share each in suit B schedule properties;

(3) an Advocate Commissioner may be appointed to divide the properties by metes and bounds in the final decree proceedings;

(4) direct enquiry into future and past accounts for income from the suit properties; and

(5) award costs of the suit".

4. The parties are re