JUDGMENT :

(G. Arul Murugan, J.) :

(Prayer: Appeal is filed under Section 96 of the Civil Procedure Code, against the judgment and decree dated 29.06.2010 by the learned Additional District Judge (Fast Track Court), Ranipet and made in O.S. No.3 of 2009.)

This Appeal is filed challenging the judgment and decree dated 29.06.2010 in OS.No.3 of 2009 by the Additional District Court, Fast Track Court, Ranipet decreeing the suit in favour of the plaintiffs granting 1/8 share each or 4/8 share together in respect of items 1, 2 and 4 of the suit properties and dismissing the suit as against the item 3 of the suit property.

2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court.

3. The Plaintiffs are the sons and daughters born through first wife of their father Kannan. Plaintiffs father divorced his first wife Alamelu and married the first defendant Malarkodi. The defendants 2 to 4 are the children born through the first defendant.

4. It is the case of the plaintiff that their father was working as the Office Assistant in the Office of the fifth defendant/LIC and died in harness, leaving behind the Plaintiffs and the defendants 1 to 4 as his