JUDGMENT

(Prayer in A.S.No.499 of 2017:- Appeal Suit is filed under Section 96 r/w Order XLI Rule 1 of C.P.C., to set aside the judgment and decree dated 22.03.2017 passed in O.S.No.142 of 2013 on the file of the III Additional District Judge, Salem.

In A.S.No.221 of 2017:- Appeal Suit is filed under Section 96 r/w Order XLI Rule 1 of C.P.C., to set aside the judgment and decree dated 22.03.2017 passed in O.S.No.142 of 2013 on the file of the III Additional District Judge, Salem, so far as it relates to granting a preliminary decree for partition in favour of the plaintiff in respect of Item Nos. 1 to 3 of the 'A' schedule suit properties.)

Common Judgment:

1. A.S.No.499 of 2017 has been preferred challenging the judgment of the learned III Additional District Judge, Salem dated 22.03.2017 made in O.S.No.142 of 2013.

2. A.S.No.221 of 2017 has been preferred challenging the judgment of the learned III Additional District Judge, Salem dated 22.03.2017 made in O.S.No.142 of 2013, so far as it relates to granting a preliminary decree for partition in favour of the plaintiff in respect of Item Nos. 1 to 3 of the 'A' schedule suit properties.

3. The shorts facts of the case are as under:-

The a