SANTHA K. Vs. KEEZHANA BALAN

JUDGEMENT

(1.) Appellants are the legal heirs of deceased defendant/ respondent in F.D.I.A.No.2992/2004 in O.S.No.227 of 2001 on the file of Subordinate Judge's Court, Thalassery.

(2.) Against the preliminary decree, A.S.No.49/2004 was filed which was dismissed and thereafter F.D.I.A.No.2992/2004 was filed for passing final decree. Respondents/plaintiffs filed application under Ss. 2 and 3 of the Partition Act, 1893 (in short 'the Act'). Value of Rs.1,40,000.00 per cent offered by the respondents/petitioners/plaintiffs were accepted and respondents/plaintiffs were directed to pay the amount in respect of the share of the appellants/respondents/defendants including the value of the share of the house, within two months and the entire property in Ext.C2 plan which is more descriptively stated in Ext.C3 (A share list) is allotted to the respondents/ petitioners/plaintiffs. While so, original defendant died and his legal heirs filed A.S.No.210/2011. By the impugned judgment, learned Additional District Judge-I, Thalassery confirmed the final decree passed by the Subordinate Judge and appeal was dismissed. Against which the appellants/legal heirs of the deceased original defendant approaches this Court in this R.S.A. Original defendant got examined himself as RW1 and Exts.C1 to C4 were marked.

(3.) Notice was issued to the respondents/ petitioners/plaintiffs. Respondents/petitioners/plaintiffs appeared through Adv.R.Parthasarathy. Lower court records were called for and both sides were heard. (Appellants/respondents/defendants would be referred as 'defendants' and respondents/ petitioners/plaintiffs as 'plaintiffs').