P KRISHNAN Vs. RANGANAYAGI

JUDGEMENT

(1.) Challenge is made in this Memorandum of Second Appeal to the Judgment and Decree, dated 11.2.2003 and made in A.S. No. 59 of 2002 on the file of the learned Principal District Judge, Salem confirming the Judgment and Decree of the Trial Court, dated 27.2.2002 and made in the Suit in O.S. No. 643 of 1994. For easy reference and also for the sake of convenience, the Respondents 1 & 2 may hereinafter be referred to as the Plaintiffs 1 & 2 and the Appellant and the Third Respondent herein be referred to as the Defendants 1 & 2 wherever the context so require.

(2.) The Respondents 1 & 2 have filed the above said Suit in O.S. No. 643 of 1994 seeking the relief of partition as against the Defendants 1 & 2.

(3.) The Second Defendant has got no objection to grant the Preliminary Decree in respect of partition as claimed by the Respondents 1 & 2. But the First Defendant (Appellant) alone has contested the Suit.