JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Order 43 Rule 1(U) of the Civil Procedure Code against the order of remand made in the Judgment and Decree dated 13.08.2019 made in A.S.No.36 of 2017 on the file of the learned Sub-Court, Kangayam (A.S.No.20 of 2017 -Sub-Court, Dharapuram) reversal of the judgment and decree dated 21.03.2017 made in O.S.No.219 of 2009 on the file of the learned District Munsif Court, Kangayam.)

1. Heard Mr.N.Manokaran, learned counsel for the appellant, and Mr.K.S.Jayaganeshan, learned counsel for the respondents, through Video Conferencing, due to COVID-19 Pandemic.

2. The plaintiff in O.S.No.219 of 2009 on the file of learned District Munsif Court, Kangayam, is the appellant herein, and the respondents herein are the defendants 2 and 3 in the suit. The appellant herein has filed the said suit for partition and separate possession of her half share in the suit properties. The learned trial Court, by decree and judgment dated 21.03.2017, has decreed the suit as prayed for. Aggrieved by the same, when appeal was preferred by the defendants 2 and 3/respondents herein, the learned first appellant Court, by decree and judgment dated 13.08.2019