A. Selvam, J.

These Original Side Appeals have been preferred against the common judgment passed in T.O.S. No. 13 of 1998 and Transfer C.S.No.159 of 2000 by the learned Single Judge of this Court.

2. Pending appeal, a memo dated 30-09-2016, has been filed by the appellants stating that the first appellant in both the appeals, Smt. Rajeswari W/o. Murugesa Nadar died pending appeals on 14-02-2014 and her legal representatives, (who are none other than remaining appellants and respondents), are already on record. The said memo is taken on record.

3. The appellants in both the appeals have filed T.O.S. No. 13 of 1998 praying to grant letter of administration in respect of the Will dated 24-05-1994. The deceased second respondent in O.S.A. No. 188 of 2004 and first respondent in O.S.A. No. 189 of 2004, as plaintiff has instituted Transfer C.S.No.159 of 2000 for the relief of partition.

4. The material averments made in the plaint filed in T.O.S.No.13 of 1998 can be summarised as follows:

The first plaintiff is the wife of Murugesa Nadar. The plaintiffs 2 and 3 and defendants 1,3 to 6 are their children. The second defendant is a daughter-in-law of first plaintiff and the said Murug