DAVIS Vs. GRASSY

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree passed by the Subordinate Judge, Irinjalakuda in O.S.212/94 by defendants 1 and 3. During the pendency of the appeal the parties have compromised the matter and has filed I.A.438/11. So in the light of the compromise it has become necessary to pass a revised preliminary decree for partition as follows and also making the subject matter available for a final decree.

(2.) THERE are two schedules of property described as A and B. As per the total extent, A schedule property is 2.15 acres and that of B schedule is 72 cents. A schedule property is divided into 2 equal halves and as per the terms and conditions one acre and 7.5 cents marked as 'X' in Sy.No.483/Kottanlloor village is set apart and allotted to petitioners 3 to 8 in the petition who are respondents 1 to 6 in the appeal and the plaintiffs jointly and 'X'. The other half i.e. the eastern half having an extent of one acre and 7.5 cents marked as Y in Sy.No.483/Kottanlloor village is set apart to the share of petitioners 1 and 2 and 9 in the petition who are the appellants and the 7th respondent in the appeal.