JUDGMENT :

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 29.06.2022 passed in A.S.No.1 of 2020 on the file of the Principal District and Sessions Judge, Virudhunagar and partly reversing the Judgment and Decree, dated 13.08.2019, passed in O.S.No.155 of 2013 on the file of the Additional Sub-Court, Srivilliputhur.

The defendants are the appellants herein and the plaintiff is the respondent in the present second appeal. For the sake of convenience, the ranking in the suit is referred in the present second appeal.

2. The suit is filed to declare the plaintiff as the legal heir of the first defendant, then to divide the suit schedule properties and grant ¼ share, to appoint Advocate Commissioner to the divide the properties in metes and bounds and to grant permanent injunction restraining the defendants from encumbering the suit schedule properties until the final decree is passed in the partition application. After considering the evidence and the deposition of the parties, the Trial Court had allowed the suit as far as the prayer of declaration to declare the plaintiff as the legal