MURALEEDHARAN Vs. T MADHU S/O THAMPI

JUDGEMENT

(1.) THE defeated 1st defendant in a suit for partition filed by the plaintiffs as O.S. No.388/2009 before the Munsiff's Court, Kayamkulam, has preferred an appeal as A.S. No.34/2012 before the Additional District Court, Mavelikkara. The learned Additional District Judge has chosen to set aside the preliminary decree and judgment passed by the trial court and to remit the matter to the trial court with a direction to the plaintiffs to implead some other parties in the suit and also by permitting the 1st defendant to amend the written statement. It seems that an open remand has been made. Aggrieved by the said remand, the plaintiffs have come up in appeal.

(2.) LATE Sivaraman Nair, who is the grandfather of the appellants, had 20 cents of property, out of which he had sold 6 cents of property. Out of the remaining extent of 14 cents, after the death of Sivaraman Nair, the 2nd defendant, who is one of the sons of Sivaraman Nair, sold 4 cents of property. Thereafter, an extent of 10 cents of property remained. The same is the plaint schedule property in this case, on which partition has been claimed. The 2nd defendant has illegally and unauthorisedly sold the plaint schedule property to the 1st defendant as per Ext.A3 sale deed dated 23.10.2001.

(3.) SIVARAMAN Nair had a daughter named Rajamma, who is none other than the mother of the appellants, another daughter named Santhamma, who died unmarried and issueless and one son Gopalakrishnan who is the 2nd defendant. On the death of Sivaraman Nair, the said property devolved on Rajamma and Gopalakrishnan in equal shares. Rajamma died 34 years back to the suit and on her death, her half 'oodukur' right over the property devolved on her husband Krishnamoorthi and her 3 children, who are the appellants herein. On the death of Krishnamoorthi, according to the appellants, the half 'oodukur' right of Rajamma over the plaint schedule property devolved on the appellants alone and none else.