COMMON JUDGMENT

All the three matters have been directed to be listed as per roster and since the Contempt Petition has been filed in S.A.No. 1067 of 2003, the three matters have been listed before this Court.

2. The Second Appeal and the First Appeal emanate from a suit for partition in O.S.No. 169 of 1977 which was on the file of Sub Court, Vellore. The said suit for partition had been filed by Soodamani Ammal against Raghurama Pillai and Pattabiraman, who are her brothers. As on date, the plaintiff Soodamani Ammal, the first defendant Raghurama Pillai and the second defendant Pattabiraman have all died but their legal representatives are still at lis over the issues which have been raised in the Original Suit, and more particularly in the preliminary decree passed and also in the final decree passed.

3. It must be mentioned that the said suit progressed and by consent of all the parties, a preliminary decree was passed on 11.03.1980 wherein the properties which were the subject matter of the partition suit were divided. The share of each of the parties determined at 1/3rd each. Questioning the said preliminary decree, A.S.No. 60 of 2001 was filed before the District Court at Vellor