JUDGMENT :

The defendants 1 to 4 in a suit for partition and declaration are the appellants before this Court. The parties for the ease of understanding are referred to in the same ranking as before the trial Court, namely, the learned Additional District Judge cum the Judge, Fast Track Court No. II, Coimbatore, before whom, the plaintiffs had filed a suit in O.S. No.179 of 2005.

PLAINTIFFS' CASE :-

2. For a better appreciation of the case on hand, it is necessary to set out the genealogy of the family.

Father

name not mentioned

Muthusamy (died) Kaliappan (died) Rangasamy (died)

K.M.Palanisamy

Saraswathy (1st Plaintiff)

Kalyanasundaram (1st Defendant) Poongothai (2nd Plaintiff) Subbulakshmi (3rd Plaintiff)

Ponnammal (2nd defendant)

Gopinath (3rd defendant) Vimalnath (4th defendant)

5th Defendant: Purchaser

3. The plaintiffs had filed the above referred suit for the following reliefs:-

“a. for partition of the suit “A” to “D” schedule properties by metes and bounds in 16 equal shares and for the allotment and separate possession of five equal shares to each of the plaintiffs 2 and 3 and for allotment and separate possession of one share to the first plaintiff.(Amended as per orders in I.A.No.30