K.C.SIVASANKARA PANICKER Vs. K.C.VASANTHAKUMARI

JUDGEMENT

(1.) Defendant No.1, in a suit, challenges the order of the Trial Court granting leave to the plaintiff to deliver interrogatories, in this Original Petition. The plaintiff and defendant Nos.1 and 2 are the members of the Kuttipurath Chelath Tharawad. Defendant No.2 is the mother of the plaintiff. Defendant No.1 is the uncle of the plaintiff.

(2.) The Plaint Schedule Properties, along with some other properties, originally belonged to the tharawad. Some of the members of the tharawad filed O.S No.76/1960 before the Subordinate Judge's Court, Kozhikode seeking partition of the tharawad properties. The Court decreed the suit. A preliminary decree was passed on 3/1/1970. In the final decree proceedings, the properties were partitioned. The plaintiff was a minor at the time of passing the final decree. Her mother (defendant No.2) had acted as her guardian. Later, defendant No.2 remarried. The plaintiff attained majority on 9/7/1972. She was married off. After the marriage, the plaintiff shifted her residence to Goa. Item numbers 32, 36 and 81 properties in the final decree were set apart to the share of the plaintiff and defendant No.2. Item numbers 256(B), 47(9), 49(3), 66(A), 419 and 349 to 382 properties were set apart to the share of defendant No.1, who was defendant No.4 in the suit.

(3.) In the suit, the plaintiff pleaded the following: