JUDGMENT :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN

PRAYER: Second Appeal filed under Section 100 of CPC to set aside the Judgment and Decree dated 26.04.2013 made in A.S.No.149 of 2007 on the file of the III Additional District & Sessions Court, Coimbatore reversing the Judgment and Decree dated 09.04.2007 made in O.S.No.663 of 2004 on the file of the II Additional Subordinate Court at Coimbatore.

The present second appeal arises out of Judgment and decree of the III Additional District and Sessions Court, Coimbatore in A.S.No.149 of 2007 dated 26.04.2013. By the said judgment and decree, the learned District Judge reversed the judgment and decree of the court of learned II Additional Subordinate Judge, Coimbatore in O.S.No.663 of 2004 dated 09.04.2007 thereby, dismissing the suit for partition.

2. The properties belonged absolutely to one Velusamy Chettiyar. He had a wife by name Muniyammal and through her, he had four children namely

(1) S.V.Shanmugam,

(2) S.V.Jaganathan,

(3) Chellammal and

(4) Rajammal.

3. Velusamy Chettiyar executed a Will which is accepted by both sides. This Wi