JUDGMENT :

Prayer: Appeal Suit filed under Order XLI Rule 1 read with Section 96 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 30.06.2015 made in O.S.No.79 of 2013, on the file of the learned I-Additional District Judge, Dharmapuri District.

A. The Appeal :

This Appeal Suit is filed against the Judgment and Decree of the Additional District Judge, Dharmapuri, dated 30.06.2015 in O.S.No.79 of 2013, whereby the suit filed by the respondents herein/plaintiffs for partition and for a declaration that the Partition Deed, dated 22.01.1999 as null and void and for permanent injunction restraining the appellants herein/defendants encumbering the suit property, was decreed.

B. The case of the Plaintiff :

2. The case of the plaintiffs is that the plaintiffs and the defendants Nos.1 and 2 are the legal heirs of one V.R.Mani. The third defendant is the Banker of the second defendant. The said V.R.Mani is the son of Ramasamy Gounder. They were the native of Vellakalpatti Village of Sankagiri Taluk, Salem District. The said V.R.Mani got married to the first plaintiff in the year 1969 and about the year 1970, the second plaintiff was born and in the year 1973, the third pl