1. Appeal Suit is filed against the Judgment and Decree dated 05.01.2009 in O.S. No. 156 of 2004 on the file of the Additional District Judge (Fast Track Court No. II) at Salem to pass a preliminary decree for partition and separate possession and decree for permanent injunction.

2. The following are the averments contained in the plaint filed in O.S. No. 156 of 2004.

2(a) The plaintiffs are the sons of the 2nd defendant born through Lakshmi. The 1st defendant is also a son of the 2nd defendant born through Padmavathi, the 3rd defendant herein. The 2nd defendant is the son of Ramalingam Pillai. The said Ramalingam and the 2nd defendant were working as contractors in Railway Good Shed at Shevapet and earned enormous income and from such joint income, they have purchased enormous properties. There was no ancestral properties belonged to Ramalingam. All the properties were purchased some in the name of the said Ramalingam, some in the name of the 2nd defendant, some in the name of Ramalingam’s 1st wife and 2nd wife, some in the name of the 3rd defendant and some in the name of the 1st defendant also. The defendants alongwith plaintiffs duly represented by the 2nd defendant as th