JUDGMENT :

Prayer in A.S.No.42 of 2012:- First Appeal has been filed under Section 96 of Civil Procedure Code r/w Order 41 Rule 1 & 2 C.P.C against the Judgment and Decree dated 11.06.2010 passed in O.S.No.128 of 2008 on the file of the Additional District Judge, Fast Track No.2, Salem.

Prayer in Cros.Obj.No. 36 of 2012:- Cross Objection has been filed under Section Order XLI, Rule 22 of Civil Procedure Code to set aside the Judgment and Decree dated 11.06.2010 passed in O.S.No.128 of 2008 on the file of the Additional District Judge, Fast Track No.2, Salem.

1. Aggrieved over the Judgment and Decree dated 11.06.2010 passed in O.S.No.128 of 2008 on the file of the Additional District Judge, Fast Track No.2, Salem, the second defendant has preferred the first appeal.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. Suit for Partition and Future Mesne Profits.

4. The case of the plaintiff in brief is that the plaintiff and the defendants are brothers and the plaintiff is the younger brother of the defendants. The family of the plaintiff and the defendants belongs to the business community and the father along with the plaintiff and the