PATHUMMA Vs. O.K.PAREED

JUDGEMENT

(1.) THIS Second Appeal is filed by the defendants 1 to 6 and 8 in O.S.No.103 of 1999 on the file of the Principal Munsiff's Court, Ernakulam, who were respondents 1 to 6 and 8 in A.S.No.117 of 2001 on the file of the Vth Additional District Court, Ernakulam. The first respondent herein was the plaintiff in that suit and the appellant in that Appeal Suit.

(2.) O .S.No.103 of 1999 was a suit for partition of the plaint schedule property. The case of the plaintiff is briefly as follows :

(3.) IN the Munsiff Court, PW1 and DW1 to DW5were examined and Exts.A1 to A5, Exts.B1 to B5(a) and Exts.X1 and X1(a) were marked. The learned Munsiff, on considering the evidence on record dismissed the suit on finding that the plaint schedule property is not partible. Against that judgment and decree dismissing O.S.No.103 of 1999, the plaintiff filed A.S.No.117 of 2001 before the Vth Additional District Court, Ernakulam, which was allowed and the suit was decreed and a preliminary decree for partition was passed, allowing partition of plaint schedule property into 11 equal shares and the plaintiff was allowed to get two such shares. Against that judgment and decree, respondents 1 to 6 and 8 filed this Second Appeal.