1. The unsuccessful applicant in E.A.No.(unnumbered)/2004 filed under Order 21 Rule 97 and Section 151 of the Code of Civil Procedure in E.P.No.319 of 2000 in O.S.No.288 of 1981 on the file of the trial Court (Ist Additional Subordinate Judge, Madurai) preferred an appeal on the file of the learned Principal District Judge, Madurai as A.S.No.174 of 2004 challenging the order of the trial Court rejecting the said claim petition. The learned appellate Court (Principal District Court, Madurai) after hearing, dismissed the above said appeal A.S.No.174 of 2004 by its Judgment dated 23.11.2005. Hence the present civil miscellaneous second appeal has been brought forth before this Court.

2. The brief facts leading to the filing of the Civil Miscellaneous Second Appeal can be briefly stated thus:

A. Suriyanarayanan, the present first respondent in this civil miscellaneous second appeal filed a suit O.S.No.288 of 1981 on the file of the trial Court (first Additional Subordinate Judge, Madurai) for partition and mesne profits in respect of the suit properties, which include the petition properties described in the schedule annexed to the above said unnumbered E.A. One Chinnathambia