O R D E R:- This second appeal is focussed by the original first defendant, animadverting upon the judgement and decree dated 10.09.2008 passed in A.S.No.11 of 2008 by the Additional District Court, Fast Track Court No.4, Bhavani, confirming the judgment of the trial Court, namely, Principal District Munsif Court, Bhavani, in O.S.No.74 of 2007, which was a suit for partition. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

2. The plaintiff filed the suit for partition seeking the following reliefs:

"a) directing the division of suit property into 3 equal shares with reference to good and bad soil by metes and bounds, to allot one such a share to the plaintiff either by appointing a commissioner or otherwise;

b) putting plaintiff in separate possession of his 1/3rd share so to be allotted vide Ref. Col. No.(a) above;

c) awarding the costs of the suit; and

d) granting plaintiff such other and further suitable reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."

The defendants entered appearance and filed the counter. The trial Court ultimately passed the p

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