09.01.2009, passed in A.S. No.11 of 2008, the Principal Subordinate Court, Krishnagiri, reversed the findings of the Trial Court and granted a preliminary decree in favour of the plaintiff as prayed for in the suit insofar as item Nos.1, 2 and 4 of the suit schedule properties are concerned. Aggrieved by the same, the deceased Thangavel and the defendants 2 to 4 filed a Second Appeal before this Court in S.A. No.589 of 2009. Pending the Second Appeal, the deceased Thangavel died. By judgment and decree dated 02.11.2012, the Second Appeal filed by the defendants 2 to 4 came to be dismissed. In the said Second Appeal, the defendants 2 to 4 have conceded that there was no Will executed by the late Thangavel. Thereafter, the plaintiff filed an Interlocutory Application in I.A. No.443 of 2013 on the file of the District Munsif Court, Krishnagiri for passing final decree through appointment of an Advocate Commissioner, in terms of the preliminary decree granted in his favour. Similarly, the fifth defendant, who is sailing with the plaintiff, also filed an Interlocutory Application in I.A. No.733 of 2013 before the District Munsif Court, Krishnagiri for passing final decree.
