JUDGMENT

(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.266 of 1991 dated 19.02.1993 on the file of the Additional District Court Vellore, modifying the judgment and decree made in O.S.No.312 of 1982 dated 16.12.1989 on the file of the Sub Court Vellore.)              The 5th, 10th, 11th, 12th, 14th, 16th and 17 defendants in O.S.No.312 of 1982 on the file of the Sub Court at Vellore are the appellants herein.

2. O.S.No.312 of 1982 had been filed by the 1st respondent herein, Sakunthala wife of M.V.Munusamy against the defendants therein, seeking partition and separate possession of 5/12 shares in the properties described in A, B, C and D schedules to the plaint and for appointment of Commissioner to so divide the said properties and also to order an enquiry for mesne profits under Order 20 Rule 12 CPC and for costs of the suit. By judgment dated 16.12.1989, the learned Sub Judge, Vellore had partly decreed the suit with respect to A schedule properties excepting item Nos.14 and 20 and with respect to B schedule properties. However, the suit was dismissed with respect to the relief sought against C and D schedule properties.

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