B SREELATHA Vs. GOPAKUMARI AMMA

JUDGEMENT

(1.) THE 9th defendant in O.S. No.707 of 2003 of the court of learned Principal Munsiff, Kollam is the appellant before me.

(2.) THE 1st respondent filed the suit for partition of plaint A and B schedules and for allotment of the 1/5th share she claimed in the plaint A and B schedules. Appellant and defendants 2 to 9 remained absent in the suit. The 1st respondent filed proof affidavit and proved Exts.A1 to A3, C1 and C2. Based on that, the trial court passed an ex parte preliminary decree for partition. The 1st respondent filed I.A. No.3587 for passing a final decree. The trial court passed a final decree as well. Appellant-9th defendant challenged that final decree in A.S. No.286 of 2009 before the First Additional District Court, Kollam. That appeal was dismissed. Hence this Second Appeal.

(3.) IT is pointed out by the learned counsel for the appellant that to set aside the ex parte preliminary decree, appellant had filed application in the trail court. That application was dismissed against which the appellant filed C.M.A. No.21 of 1979 before the learned District Judge, Kollam. The C.M. Appeal was dismissed against which appellant filed O.P(C) No.1458 of 2011. This Court by judgment dated 05.06.2012 allowed the said Original Petition, set aside the judgment in C.M. Appeal No.71 of 2009 and allowed the application to set aside the ex parte preliminary decree.