SELVAMANI Vs. CHELLAMMAL

JUDGEMENT

(1.) THE second appeal has been preferred against the Judgment and Decree, dated 18.12.2006 passed in A.S. No. 98 of 2004 on the file of the Additional District Judge / FTC -II, Salem, confirming the final decree, dated 25.07.2003 passed in I.A. No. 1881 of 1990 in O.S. No. 857 of 1985 on the file of the Principal District Munsif, Salem.

(2.) THE appellants herein are the legal heirs of the first defendant, deceased Veeramuthu. The suit was filed by the respondents 1 and 2 against the said Veeramuthu and other defendants, seeking Judgment and Decree (a) to declare that the document, dated 01.03.1971 as void and inoperative as regards the relinquishment of the rights of the plaintiffs in the suit property (b) divide the suit property into 30 shares by appointing Commissioner and allot 6 shares to the plaintiffs (c) directing the defendants to hand over possession of the share allotted to the plaintiffs (d) award mesne profits and also the costs.

(3.) IT is seen that the appellants herein had filed C.M.A. No. 4011 of 2008 before this Court, challenging the order of remand passed in A.S. No. 98 of 2004 on the file of the Additional District Judge / FTC -II, Salem, date 18.12.2006, whereby the matter had been remanded to the Principal District Munsif Court, Salem to appoint Advocate -Commissioner in O.S. No. 857 of 1985 to effect partition. After hearing both sides, this Court (T. Sudanthiram, J.), by order, dated 06.08.2009, passed the Judgment in C.M.A. No. 4011 of 2008 and M.P. No. 1 of 2008, the operative portion of the Judgment reads as follows :