JUDGMENT :

Prayer: Appeal Suit is filed under Section 96 of the Code of Civil Procedure, 1908, against the Judgment and Decree dated 08.01.2013 passed in O.S.No.13641 of 2010 on the file of the XVIII-Additional City Civil Court, at Chennai.

A. The Appeal Suit :

This Appeal Suit is filed against the Judgment and Decree of the Learned XVIII-Additional Judge, City Civil Court, Chennai, dated 08.01.2013 in O.S. No.13641 of 2010, in and by which the suit filed by the plaintiff was decreed, granting declaration and permanent injunction in respect of the 'B' Schedule Property and a preliminary decree for partition and separate possession of 6/20 shares in 'C' Schedule Property.

B. The Plaint :

2. The case of the plaintiffs is that the first plaintiff is the wife of one Panneerselvam and the second and third plaintiffs are his son and daughter. Pannerselvam is the son of one Muthukrishnan through his first wife Pankajam Ammal. After the death of Pankajam Ammal in the year 1952, the said Muthukrishnan married one Kamalammal, and out of the said wedlock they begot two sons, who are the first