LENA RODRIGUES Vs. PHILIP NERI RODRIGUES

JUDGEMENT

(1.) The defendants 2, 3 and 5 in O.S. No.47/2008 on the file of the Sub Court, Kasargod are the appellants. Suit for partition filed by first respondent, the sole plaintiff was decreed by rejecting appellants' contention that suit items were not partiable.

(2.) First respondent was held to be entitled to 1/3 and 1/9 shares in respect of plaint 'A' schedule and 'A(a)' schedule respectively. The second respondent, the first defendant in the suit who supported the plaintiff's case was also declared to be entitled to 1/3 share in plaint 'A' schedule for which she had paid separate court fee along with written statement. Except the appellants, none contested the case and all only remained ex parte.

(3.) During the course of the appeal, the first respondent, plaintiff passed away and his legal representatives were impleaded as additional respondents 17 to 20.