JUDGMENT

(Prayer: Civil Miscellaneous Petition filed under Section 151 of C.P.C., seeking to the 2nd petitioner / 2nd respondent to sell 2.00 acres of land in Survey No.41, Sub-divided as Survey No.41/1B (part of item 9 in Schedule A-1) which is subject matter of the suit in O.S.No.13 of 2013 on the file of the Additional District Judge, Tiruvallur.)

R. Subramanian, J.

1. When these petitions were listed before us, the learned counsel for the appellant Mr.K.S.V.Prasad sought to give up respondents 4 to 8 in the appeal on the ground that he had not sought for partition of 'E' Schedule properties, which have been purchased by the said respondents. This was objected to by the learned counsel for the contesting respondents, Mr.M.S.Subramanian, pointing out that the plaintiff / appellant had, in the plaint, alleged that the value of the 'E' Schedule property must be taken into account while dividing the properties. When we pointed out that giving up the respondents 4 to 8 cannot be without prejudice to the contentions of the appellants, the learned counsel would submit except the 4th respondent in the appeal, all others have remained exparte before the Trial Court and therefore, notice to