K.P. RAVEENDRAN Vs. P. SATHI VIJAYAN

JUDGEMENT

(1.) THIS Review Petition is filed by plaintiffs 1, 4 and 5 in O.S. No.158 of 1994 of the Sub Court, Vadakara and respondents 1, 4 and 5 in A.S. No.13 of 1999 of this Court.

(2.) O .S. No.158 of 1994 is a suit for partition filed by the petitioners and others as if their predecessor-in-interest died intestate with respect to the suit property. The contesting defendants set up Ext.B1, styled as a partition agreement of the year, 1933, Ext.X1, Will of the year 1962 and Ext.B2, gift deed of the year, 1982.

(3.) THE 19th defendant challenged judgment and preliminary decree of learned Sub Judge in this Court in A.S. No.13 of 1999. This Court disposed of the appeal as per judgment dated 10.11.2010. This Court was of the view that trial court has to decide validity of Ext.B1, partition agreement of the year, 1933, Ext.X1, Will of the year, 1962 and Ext.B2, gift deed of the year 1982. Accordingly judgment and preliminary decree were set aside and the suit was remitted to the trial court for fresh decision.