VELIPURAVAN BASHEER Vs. THAYYIL PATTAKKAL MUJEEB RAHMAN

JUDGEMENT

(1.) The 1st plaintiff in O.S. No.224 of 2011 of the Sub Court, Manjeri has filed this Original Petition on behalf of respondents 2 and 3 as well challenging Ext.P16, order dated 05.07.2012 and praying that the plaintiffs be permitted to deposit the share of profits due to the 1st defendant after deducting the expenses incurred from the gross income derived from the suit properties, allow the plaintiffs to adjust the excess amount received by the 1st defendant pursuant to Ext.P16, order towards share of profits due to him for the subsequent period and stay proceedings in E.P. No.243 of 2012.

(2.) The parties are referred as plaintiffs and defendants for convenience.

(3.) The plaintiffs filed O.S. No.224 of 2011 for partition and separate possession of their 3/4th share in the suit properties. In Ext.P1, plaint they alleged that they are abroad and that properties were then managed by the 1st defendant on behalf of them as well. There are 1200 rubber trees in the suit properties from which yield is being taken from January, 2000. The plaintiffs assessed income from the rubber trees per year as Rs.35,00,000/- and claimed Rs.26,25,000/- as their 3/4th share.