S.JAGADEESAN, J.

1. The plaintiff in C.S.No.188/1972 filed O.S.A.No.261/1995 having aggrieved by the disallowed portion with reference to his claim in the judgment and decree passed in the said suit.

2. O.S.A.No.284/1996 is by the 1st defendant in the said suit, having aggrieved by the judgment and decree therein rejecting his claim that the plaint Schedule properties are his absolute properties and nobody can claim any title, interest or whatsoever in the same during his lifetime.

3. The 1st defendant filed another Appeal in O.S.A.No.237/1996 against the dismissal of his suit in C.S.No.442/1983 filed by him for a declaration that he is the owner of all the properties. For the convenience the parties are referred to herein as their description in C.S.No.188/1972.

4. The plaintiff in C.S.No.188/1972 filed the suit claiming partition on the basis that the suit properties are the joint family properties consisting of plaintiff, 1st defendant, defendants 2 to 4 and the 76th defendant. The 1st defendant is the father of the plaintiff. 76th defendant is his mother, and defendants 2 to 4 are the daughters of 1st defendant and 76th defendant. The plaintiff claims right in the suit