MEENAKSHI AMMA Vs. RAGHAVAN NAIR

JUDGEMENT

(1.) One of the questions urged for a decision is whether after a final decree for partition is passed, an appeal from the preliminary decree is competent The Second Appeal is brought from the judgment and decree of learned District Judge, Kozhikode in A.S. No. 76 of 2011 modifying the judgment and preliminary decree for partition passed by the learned Munsiff, Kozhikode in O.S. No. 44 of 2005.

(2.) The suit property belonged to the late Karthyayanai Amma who died issueless and intestate on 1.9.2003. According to the original plaintiff (appellants are his legal representatives), himself and the respondents 1 and 2 have succeeded to the estate of the said Karthyayanai Amma by virtue of S. 15(1)(d) of the Hindu Succession Act, 1956 (for short 'the Act). Velayudhan Nair, the brother of Karthyayanai Amma pre-deceased her on 6.8.1999. Hence, the original plaintiff claimed that the legal heirs of the said Velayudhan Nair are not entitled to get any share in the suit property.

(3.) The respondents contended that the legal heirs of Velayudhan Nair are also entitled to get 1/4th share in the property of Karthyayanai Amma. They also referred to a partition deed executed in the year, 2004 (without the junction of the original plaint).