1. Being dissatisfied with the Judgment and Decree dated 28.04.2009 and made in O.S.No.2055 of 2008, on the file of the learned VI Additional Judge, City Civil Court, Chennai, the defendants 1 to 5 have preferred this appeal after invoking the proviso to Section 96 of the Code of Civil Procedure.

2. The facts, which giving rise to the memorandum of appeal may be summarised as under:

The original legal characters of the parties to the suit may not be changed and be it as it is in the suit.

2.1.The suit is filed by the plaintiff:

(a) for the relief of partition and separate possession of 1/6th share in the suit property and allot such 1/6th share to the plaintiff after dividing the suit property by metes and bounds by appointing an Advocate Commissioner and put the plaintiff in possession of his respective share,

(b) for the consequential permanent injunction restraining the defendants from dealing with the suit property including effecting any form of alienation or encumbrance, and

(c) for passing a final degree in terms of the preliminary degree and for costs.

2.2. One Mr.Thiyagarajan is the father of the plaintiff and husband of the first defendant. The other defendants ar