JUDGMENT

The defendants 1 to 5 in the original suit are the appellants herein. The predecessor in interest of respondents 1 to 6 namely Kallavi filed a suit for partition against the appellants seeking 1/3^rd share and a preliminary decree for partition was passed in his favour on 21.06.2011. Challenging the same, the appellants said to have filed Second Appeal in S.A.No.220 of 2026 and the same is pending. The present Second Appeal has been filed challenging the final decree passed in the partition suit.

2.It is seen from the typed set of papers in the final decree proceedings the appellants 1 to 4 herein remained ex-parte and the same was contested only by the fifth appellant / Ravichandran. In his counter to the final decree proceedings he contended that there was a oral partition in the family and above said Kallavi had received money from the other family members for her share.

Therefore, the suit properties were not available for partition.

3.The object