JUDGMENT :

Prayer in A.S.No.388 of 2007 :- First Appeal filed under Section 96 of C.P.C., to set aside the judgment and decree dated 16.11.2006 in O.S.No.593 of 2004 on the file of the Additional District and Sessions Judge-cum-Fast Track Court No.2, Coimbatore.

Prayer in Cros.Obj.No.17 of 2010 :- Cross Objection filed under Order 41 Rule 22 of CPC., against the judgment and decree dated 16.11.2011 made in O.S.No.593 of 2004 on the file of Addl. District and Sessions Court (Fast Tract Court-II), Coimbatore, (notice and grounds of A.S.No.388 of 2007 received by the counsel for the cross appellant on 26.11.2009), in so far as it relates to the disallowed portion in Item No.1 of the suit property.

The first and the third defendants have preferred this appeal challenging the preliminary decree for partition passed by the learned Additional District and Sessions Judge and Fast Track Court No.II, Coimbatore in O.S.No.593 of 2004. The parties would be referred to as by their rank before the trial court.

2.1 There are two items of properties. Item No.1 has a total extent of 12,966 sq.ft. and Item No.2 is a plot measuring 622.21 sq.mtrs. in the Industrial Estate in Tiruppur Taluk. These propert