KAVEETTIL PATHUMMA Vs. KAVEETTIL KADIYAMU

JUDGEMENT

(1.) THE second appeal arises from the final decree passed by the Munsiff's Court, Tirur as per order on I.A.No.1243 of 1991 in O.S.No.141 of 1985, confirmed by the Sub Court, Tirur in A.S.No.51 of 2010.

(2.) THE preliminary decree passed by the trial court was modified in A.S.No.21 of 1991. As per the modified preliminary decree (which, I am told, is under challenge in this Court) the property is to be divided into 48 equal shares. Of that, 24 shares goes to the plaintiffs and the remaining 24 shares goes to the defendants 1 to 3. The trial court, based on Exts.C5 and C6 allotted plots A and B in Ext.C6, plan to the defendants 1 to 3 and plot X to the plaintiffs. That was confirmed by the first appellate court. Hence the Second Appeal.

(3.) IT is seen from Ext.C6 which is appended to the final decree that there are two houses in plots A and B and those plots are allotted to the defendants along with the houses. To provide those houses to the defendants 1 to 3, the plots had to be allotted in the way shown in Ext.C6.