JUDGMENT :

M. JOTHIRAMAN, J.

1. The unsuccessful defendants in O.S.No.5 of 2004 have preferred the appeal in A.S.(MD)No.35 of 2006. The unsuccessful plaintiff in O.S.No.6 of 2004 has preferred the appeal in A.S.(MD)No.43 of 2006.

2. The suit in O.S.No.5 of 2004 has been filed for seeking partition claiming 1/4^th share in the suit schedule property and the suit in O.S.No.6 of 2004 has been filed for partition claiming 1/2 share in the suit schedule property. The trial Court decreed the suit in part in O.S.No.5 of 2004 and thereby, allotted 1/4^th undivided share in the item No.2 to 5 of 'A' schedule and 1/4^th undivided share from the 1/3^rd share belongs to the 1st defendant's family in the item No.1 of 'A' schedule and the 'B' schedule. The suit in O.S.No.6 of 2004 is dismissed.

3. The brief case of the plaintiff in O.S.No.5 of 2004 is as follows:-

The first plaintiff is the wife of the deceased Manoharan. The defendants 2 & 3 are brothers of the said Manoharan. The first defendant is the father of the deceased Manoharan and the defendants 2 & 3. The plaintiffs 2 & 3 are the children of the deceased Manoharan. The deceased Manoharan and the defendants 1 to 3 are living as Hindu Joint fami