P.D. Dinakaran, J. - (1.) THE above appeal is directed against the judgment and decree dated 20.6.2001 in A.S.No.292 of 1995 on the file of this Court, against the judgment and decree dated 9.12.1994 in I.A.No.425 of 1990 in O.S.No.90 of 1976 on the file of the Subordinate Judge, Chidambaram.
(2.) THE appellants are the second defendant and his son who was impleaded as 5th respondent in the first appeal. For the purpose of convenience, parties are referred to as per their rank in the suit.
(3.) 1. In brief, the plaintiffs viz., respondents 2 and 3 herein laid O.S.No.90 of 1976 on the file of the learned Subordinate Judge, Chidambaram, for partition and separate possession of suit property, with mesne profits. 4.2. According to the plaintiffs, the suit properties were originally belong to one Govindasamy Nainar, who had two wives. He had two sons through his first wife, viz. Marimuthu @ Narayanasami, the first defendant herein and Sabapathi, who died in the year 1940 leaving no male issue. Govindasamy Nainar had no issue through his second wife. 4.3. Marimuthu @ Narayanasami, the first defendant married Dhanabagyammal, third defendant and had two sons viz. Krishnamoorthy, second defendant and Arumugam, who is not a party in the suit. 4.4. Arumugam had two wives, viz. first wife - Padmavathi, now deceased and the second wife - Saroja, the second plaintiff. Sivagamasundari, fourth defendant is the daughter of Arumugam and his first wife Padmavathi. Srinivasan, the first plaintiff, is the son of Arumugam and his second wife, Saroja, viz. the second plaintiff. 4.5. Since there is no partition between Marimuthu and his sons, viz., Krishnamoorthy and Arumugam (died intestate in 1975), the plaintiffs, viz. the son and second wife of Arumugam, filed the above suit for partition claiming the shares of Arumugam along with the fourth defendant, who is nonetheless the daughter of the said Arumugam.;