R. Subbiah, J.

(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent, against the judgment and decree dated 28.04.2008 passed by the learned Single Judge in C.S. No. 500 of 2002 on the file of this Court.)

This Original side appeal is filed as against the Judgment and decree dated 28.04.2008 passed by the learned Single Judge in C.S. No. 500 of 2002, whereby the suit filed by the appellant/plaintiff was decreed in part only to the extent of declaring her right in respect of undivided one half share in plaint item No.1 of the properties and 35% undivided right in the land in plaint schedule item No.2 with an observation that the plaintiff has to seek her remedy for possession by filing a suit for partition. At the same time, the learned Single Judge dismissed the suit in so far as it relates to item No.3 of the properties. The claim of the plaintiff for mesne profits, both past and future, in the plaint schedule item Nos.1 and 2 of the properties, was directed to be pursued by instituting a separate proceedings under Order 20 Rule 12 of C.P.C. Aggrieved by the Judgment and Decree in disallowing some