JUDGMENT

(Prayer: Appeal Suit has been filed under Section 96 C.P.C., praying against the judgment and decree dated 10.02.2010 in O.S.No.108 of 2006 on the file of Additional District Judge, (Fast Track Court No.2) Salem.)

1. The suit for partition filed in respect of 2 items of immovable properties and 2 items of movable properties. The Trial Court passed a preliminary decree in respect of first item of schedule which is an immovable property and disallowed the suit in respect of other items of properties in the schedule. As against the disallowed portion, particularly in respect of 2nd item of the schedule, which is land and building, the present appeal is filed by the plaintiffs 1 and 3. In the appeal, the second plaintiff, who deposed, did not join the appellants, hence arrayed as 9th respondent. The tenants who were arrayed as Respondents 3 to 7 were given up.

2. Pending appeal, the first appellant/first plaintiff, who is the father of other sharers died. Since his legal representatives were already parties to the proceedings, memo filed to that effect and same was recorded. Two miscellaneous petitions C.M.P Nos.16467 and 16468 of 2021 were filed to receive additional documents,