Judgment :-

(Prayer: Appeal Suit is filed under Section 96 of C.P.C against the judgment and decree made in O.S.No.98/2007 on the file of the Additional District Judge (Fast Track Court No.II) at Cuddalore dated 28.07.2010.)

1. The appellants are the plaintiffs in the suit filed for partition, separate possession and permanent injunction restraining the 3rd defendant from alienating the 3rd item of the suit property.

2. The trial Court decreed the suit for partition in respect of the item Nos.1 and 2 and held that the plaintiffs are entitled for 1/4th share each. As far as the 3rd item is concerned, the relief sought against the 3rd defendant was dismissed. Against the disallowed portion of relief, the present appeal suit is filed.

3. The gist of the plaint is that the 1st defendant is the father of the plaintiffs 1 to 3. The 2nd defendant is the mother of the plaintiffs and the 3rd defendant is the sister of the 1st defendant. According to the plaintiffs, item Nos.1 and 2 of the suit property belongs to Kumarasamy Padayachi, who have five sons, Gopalaraman is one among them. During his life time of Kumarasamy Padayachi, partition took place between Kumarasamy Padayachi and his sons du