1. This second appeal is focussed by the defendants, animadverting upon the judgment and decree dated 15.03.2010 passed by the learned Principal District Judge, Erode in Cross Appeal in A.S.No.112 of 2009 in confirming the judgment and decree dated 22.06.2009 passed by the learned Principal Subordinate Judge, Erode in O.S.No.173 of 2007.

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

3. A re'sume' of facts, absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(i) One Muthusamy claiming to be the purchaser of the 1/3 rd share of Deivanai, who was a co sharer along with D1 and D2, filed the suit seeking the following reliefs:

To pass a decree in favour of the plaintiff and as against the defendants'

(a) directing division of the suit properties into 3 equal shares by metes and bounds and with reference to good and bad soil and allot one such share to the plaintiff and put him in separate possession.

(b) appointing a Commissioner to divide the suit properties as claimed in column (a)

(c) restraining the defendants, their assignees etc., from in any way and in any manne