J U D G M E N T

This Appeal Suit has been preferred challenging the judgment and decree of the learned Fast Track Court (Additional District and Sessions Judge), Dindigul, dated 24.07.2006 made in O.S.No.312 of 2004.

2. The appellants are the defendants in the suit. The suit has been filed by the plaintiffs for the relief of partition.

3. According to the case of the plaintiffs as per the plaint, the suit property and other properties originally belonged to one Gurunathan Servai. He had two sons, namely, Karupanan @ Chinnakalai and Palanichamy. After the death of Gurunathan Servai, Karupanan @ Chinnakalai and Palanichamy partitioned the suit properties among themselves. The suit schedule properties are allotted to the share of Karupanan Servai. The said Karupanan Servai had two wives, namely, Periya Palaniammal, who is the 1st plaintiff and through her, he had four children, viz., who are the plaintiffs 2 to 5 in the suit. Thereafter, the said Karuppnnan Servai married Chinna Palaniammal as his second wife, who is the sister of the Periya Palaniammal, during the existence of the first marriage. The said Chinna Palaniammal is the 1st defendant and the defendants 2 to 5 are the childre