JUDGMENT

(Prayer: Appeal filed under Section 96 of Civil Procedure Code to set aside the judgment and decree dated 28.04.2014 passed in O.S.No.73 of 2012 on the file of II Additional District Judge, Tiruchirappalli, in so far as dismissing the suit in respect of 1st item in ''A'' schedule and items 1 to 3 in ''B'' schedule is concerned, and allow the present appeal.)

R. Vijayakumar, J

1. The plaintiffs in a suit for partition are the appellants herein challenging the disallowed portion.

2. The plaintiffs had filed O.S.No.73 of 2012 on the file of II Additional District Court, Trichy for the relief of partition and separate possession of three items of ''A'' schedule property and four items of ''B'' schedule property.

3. The defendants 1 and 4 have filed a written statement raising a counter claim seeking recovery of possession from the first plaintiff in favour of the fourth defendant over a portion of second item of ''A'' schedule property.

4. The trial Court dismissed the suit with regard to the first item of ''A'' schedule property and Item Nos.1 to 3 of ''B'' schedule property. The suit was decreed only with regard to Item Nos.2 and 3 of ''A'' schedule property and Item No.4 of ''B''