JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 20.07.2009 made in A.S.No.52 of 2008 on the file of the Principal Subordinate Court, Tirupur, reversing the judgment and decree dated 12.06.2008 made in O.S.No.272 of 2005 on the file of the District Munsif, Tirupur.)

1. The present appeal is directed against the judgment and decree dated 20.07.2009 passed in A.S.No.52 of 2008 on the file of the Principal Subordinate Court, Tirupur, reversing the judgment and decree dated 12.06.2008 passed in O.S.No.272 of 2005 on the file of the learned District Munsif, Tirupur.

2. The appellant/plaintiff has filed the suit before the learned District Munsif, Tirupur, in O.S.No.272 of 2005, seeking the relief of partition, dividing the suit properties into 4 equal shares and also allot 1 such share to the plaintiff and for costs. The learned District Munsif, Tirupur, by judgment and decree dated 12.06.2008, had allowed the suit and gave direction for effecting the partition.

3. Aggrieved over the said findings, the first defendant, preferred an appeal, in A.S.No.52 of 2008 on the file of the Principal Subordinate Court, Tirup