1. This second appeal is focussed by the second defendant, animadverting upon the judgment and decree dated 30.04.2009 passed by the learned Principal District Judge, Namakkal in A.S.No.8 of 2005 reversing the judgment and decree dated 07.03.2005 passed by the learned Subordinate Judge, Namakkal in O.S.No.346 of 1996.

2. The parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely, the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal would run thus:

a) The plaintiff filed the suit O.S.No.346 of 1996 seeking the following reliefs:

- to pass a decree in favour of the plaintiff by dividing the suit properties in to two equal shares considering the value, soil, channel facility and cart track right and allot one such divided share to the plaintiff and direct the defendants to put the plaintiff in possession of such divided share.

- to make a provision for appointment of a Commissioner to divide the suit properties as per the preliminary decree to be passed

- and to award costs of suit.

(extracted as such)

b) D1 and D2 filed separate written statemen