This second appeal is focused by D3, animadverting upon the judgment and decree dated 07.04.2005 passed by the learned III Additional Judge, City Civil Court, Chennai in A.S.No.307 of 2004 confirming the preliminary decree dated 05.02.2004 passed by the learned VI Assistant Judge, City Civil Court, Chennai in O.S.No.6174 of 1995.

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

3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this Second Appeal would run thus:

a] The first respondent/plaintiff filed the suit for partition seeking the following reliefs: - To pass a judgment and decree as follows:

(i) declaring the plaintiff is entitled to 1/5 th share in premises bearing Old Door No.60, New Door No.27, Kannaiah Chetty Garden 3rd Street, Peravallur, Madras 600 082 more fully described in the plaint A schedule property here under and plaint B schedule property in equity.

(ii) to appoint an Advocate Commissioner to divide and allot the plaintiff's 1/5 th share in the plaint A schedule property and if the premises is not capable of division direct the Advocate Commiss