JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Section 104 Order 43 Rule 1 of Civil Procedure Code, against the fair and ex-order dated 04.06.2016 made in I.A.No.26 of 2015 in O.S.No.12 of 2015 on the file of the Additional District Judge, Virudhunagar.)

1. The Civil Miscellaneous Appeal has been filed under Section 104, Order 43 Rule 1 of C.P.C, challenging the order passed in I.A.No.26 of 2015 in O.S.No.12 of 2015, dated 04.06.2016, dismissing the application filed under Section 92 C.P.C by the Additional District Court, Virudhunagar.

2. At the outset, on perusal of the records, this Court is constrained to say that when the first round of litigations are pending, the Appellants/petitioners have started the second round of litigation, sensing that they would not succeed in the first round of litigation that was initiated by their father.

3. For sake of convenience and brevity, the parties will herein-after be referred as per their status/ranking before the trial Court.

4. The facts not in dispute and that are necessary for the disposal of the present appeal are as follows:

a) One Annamlai Chettiyar had two sons, namely, Muthukaruppan Chettiyar and Alagappan Chettiyar. T