G MAHARAJAN ASARI Vs. G NATARAJAN ASARI

JUDGEMENT

(1.) This appeal is filed as against the preliminary judgment and decree, dated 21.04.2004 passed by the 1st Additional Sub Judge, Nagercoil, in A.S. No. 129 of 2003 reversing the judgment and decree, dated 16.09.2003 in O.S. No. 629 of 1996 on the file of the 2nd Additional District Munsif Court, Nagercoil.

(2.) The Appellant was the Defendant and the Respondent was the Plaintiff before the trial Court. The Respondent/Plaintiff filed a suit for partition in respect of items 1 to 5 of the suit scheduled properties.

(3.) Brief facts which are necessary to decide the appeal are as follows: