SHAHID MASOOD Vs. ABDUL RAZAK

JUDGEMENT

(1.) THE appellant who was defendant -4 in O.S. No.32/2003 on the file of the Additional Senior Civil Judge, Udupi, has filed this Appeal questioning the legality and correctness of the Judgment and decree granting 314/384th share in plaint A schedule property to the plaintiffs, granting 2/12th share to defendants -2 to 8 and 6/384th share to defendant -9 by keeping open Issue Nos.6 and 7 to be considered in the final decree proceedings.

(2.) THE admitted facts are as hereunder: The plaintiffs filed a suit for division of plaint A schedule property claiming that they are having 3/14th share and direct defendant -1 to render account in respect of plaint A schedule property which is 11 cents of Moodanidamboor Village, in Sy.No.116/4 including a residential building situated thereon along with nonresidential building with existing trees.

(3.) ACCORDING to the plaint averments, one Dulhanbi had two daughters by name Mehrunnisa and Rahimabi and five sons. Abdul Rasheed (plaintiff -6), Abdul Sattar (Plaintiff -8), Dr. Adam Saheb (plaintiff -9), Hafeezur Rehaman (plaintiff -10) Late V Aziman Rehaman. Plaintiff No.1 is the husband of deceased Mehrunissa and plaintiffs -2 to 5 and defendant -9 are the children of deceased Meharunnisa.