JUDGMENT :

(Prayer: This Appeal Suit is filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 04.01.2007 made in O.S.No.41 of 2004 on the file of the Fast Track Court (Additional District and Sessions Court), Dindigul.)

Aggrieved over the dismissal of the suit filed for partition, the present Appeal Suit has been filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief fact leading to file this appeal reads as follows:-

The suit properties are joint family property and they originally belonged to one Marimuthu Pillai. He died intestate in the year 1978 left behind the plaintiffs and defendants and his mother as his legal heirs. The plaintiffs 1 and 2 and defendants 1 to 4 are the sisters and brothers. The plaintiffs 3 to 7 are the legal heirs of one Loganayagi, who is the daughter of Marimuthu Pillai, the defendants 2, 3, 10 and 11 are the legal heirs of one Ramasamy Pillai, who is the son of the Marimuthu Pillai. Till the death of Marimuthu Pillai, the properties were managed by him and after his death, it was agreed that the properties have to be managed by his wife, namely, Manikathammal with the help of the fir