KANIYANKANDY SAINABA Vs. P.MARIYAM

JUDGEMENT

(1.) The appellants are the plaintiffs in O.S. No.367/2012 on the file of Munsiff Court, Thalassery. The appeal is filed challenging an order of remand passed by the learned Principal Sub Judge, Thalassery in A.S. No.7/2017 setting aside the final decree passed by the lower court in FDIA No.555/2015.

(2.) A preliminary decree was passed allotting 33 out of 40 shares to the plaintiffs in respect of plaint schedule property and the contesting sole defendant was allotted the remaining 07 shares. The preliminary decree has indisputably become final. There is a building in the property which the defendant claimed to have constructed with her funds and to be not partible.

(3.) While passing the preliminary decree, the trial court deferred the questions as to share of profits, equity and right to reservation of the building to the stage of final decree.