JUDGMENT :

G. CHANDRASEKHARAN, J.

(Prayer: This Appeal is filed under Section 96 of Civil Procedure Code against judgement and decree dated 07.03.2013 made in O.S.No.287 of 2010 on the file of II Additional District Court, Erode.)

1. This appeal is filed against the judgment and decree of the II Additional District Judge, Erode in O.S.No.287 of 2010 dated 07.03.2013. The first respondent filed the suit in O.S.No.287 of 2010 against the appellant and respondents 2 and 3 claiming partition of 2/6 share in the suit properties.

2. It is the case of the first respondent that the appellant is her father, respondents 2 and 3 are mother and sister of the appellant. Originally, the suit properties belonged to Arumuga Gounder. Second respondent is wife of Arumuga Gounder. Appellant and third respondent are their children. Arumuga Gounder died intestate about 30 years above leaving the appellant and respondents 2 and 3 as his legal heirs. Appellant married first respondent's mother Revathi on 29.10.2001. Due to the ill advice of second and third respondents, appellant filed a divorce petition in HMOP No.166 of 2007 against first respondent's mother on the file of Principal Subordinate Judge, Erod