P. KESAVAKUMAR Vs. P. INDIRA

JUDGEMENT

(1.) THE plaintiffs are in appeal.

(2.) THE appellants/plaintiffs approached the trial court for partition of the plaint schedule properties by metes and bounds and for getting 60/156 share in the plaint schedule property claiming that Ext. A1 document executed by one Kesava Panicker of Mangayil family in favour of Palliyil Ikkavamma and her children enure to the benefit of all the members including the children to be born in the thavazhi of Ikkavamma of Palliyil Tharawad. The appellants point out that in view of the Joint Hindu Family (Abolition) Act, 1975, the plaintiffs and defendants, who were born prior to the commencement of the said Act, are entitled to claim share in the plaint schedule property.

(3.) THE trial court granted a decree for partition of the plaint schedule property as prayed for in the plaint. However, defendants 1, 3, 4, 6 to 9 and 11 to 18 took the matter in appeal before the first appellate court, which reversed the decree holding that the plaint schedule property is not liable to be partitioned. It is in this background, the appellants/plaintiffs have come up before this Court.