JUDGMENT :-

(Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgment and Decree dated 23.10.2007 passed in A.S.No.12 of 2007 on the file of the Principal Subordinate Court, Tiruvanamalai, confirming the fair and decreetal order dated 07.11.2005 passed in I.A.No.560 of 2004 in O.S.No.414 of 1990 on the file of the Additional District Munsif Court, Tiruvanamalai.)

1. Challenge in this second appeal is made to the Judgement and Decree dated 23.10.2007 passed in A.S.No.12 of 2007 on the file of the Principal Subordinate Court, Tiruvanamalai, confirming the fair and decreetal order dated 07.11.2005 passed in I.A.No.560 of 2004 in O.S.No.414 of 1990 on the file of the Additional District Munsif Court, Tiruvanamalai.

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

3. The defendants 1 to 4 in O.S.No.414 of 1990 are the appellants in the second appeal.

4. Suit for partition.

5. The second appeal has been admitted on the following substantial questions of law:

"1.Whether the Court dealing with the final decree application can refuse to allot shares in the property when the preliminary decree directs division of a prope