K VIJAYALAKSHMI Vs. K SASHIKANTH

JUDGEMENT

(1.) These two Original Side Appeals are directed against the order in Application No.3730 of 2011 in C.S.No.398 of 2010 and the final decree dated 6 June 2012 in C.S.No.398 of 2010, whereby and whereunder after dismissing the application filed by the appellants for a direction to allot the entire property on valuation to them, the trial Court passed a final decree in terms of the report submitted by the Advocate Commissioner.

(2.) The respondent herein filed a suit seeking partition of the common property into five shares and for separate allotment of one such share to him and thereafter to pass a final decree by dividing the property by metes and bounds.

(3.) The respondent in his plaint in C.S.No.398 of 2010 contended that the subject property originally belonged to Thiru M.V. Kannappan. It was a self acquired property. Thiru Kannappan died intestate on 21 March 1991. He was survived by his widow, the first appellant herein, other appellants and the respondent.