JUDGMENT

(Prayer: The Second Appeal is filed under Section 100 of CPC, against the judgment and decree dated 27.04.2001 passed in A.S.No.188 of 1990, on the file of the Additional District Court, Cuddalore confirming the judgment and decree dated 30.03.1990 passed in O.S.No.22 of 1989 on the file of the Additional Sub-Court, Cuddalore.)

1. The 4th and 5th defendants in O.S.No.22 of 1989 on the file of the Sub-Court at Cuddalore, are the appellants herein. The suit in O.S.No.22 of 1989 has been filed seeking a preliminary decree for partition and separate possession of the plaintiffs' 17/24th share in the suit property and for division of the property accordingly and also for costs of the suit.

2. The suit property is situated at Grama Natham, survey No.1/25 measuring 10 cents in Thaikkaal Street, Madura Thulukkam Palayam Village, Cuddalore District.

3. By judgment dated 30.03.1990, the learned Sub Judge, Cuddalore, had decreed the suit. Aggrieved by such judgment, the first, fourth and fifth defendants filed A.S.No.188/1990 before the Additional District Court/Chief Judicial Magistrate, Cuddalore. By judgment dated 27.04.2001, the appeal suit was dismissed and the judgment and decree o