KAITHAVALAPPIL THAMASIKKUM RAMANI Vs. MALATHI ALIAS AMMU

JUDGEMENT

(1.) Defendants 2 to 5 in a suit for partition are the appellants. Plaintiff and 1st defendant are the respondents. For the sake of clarity, parties to this appeal are hereinafter referred to in the rank as shown in the suit.

(2.) Relevant facts for disposal of this appeal are as follows: Plaint A schedule properties along with other items originally belonged to deceased Vellayikot Sankaran. Plaint B schedule are the movable properties of Sankaran and therefore liable to be partitioned. Sankaran died on 12.10.1995. According to the plaintiff, she and the defendants are the surviving children of Sankaran. Deceased Kousalia was their mother, who predeceased Sankaran. Plaintiff claims 1/6th share in plaint A and B schedule properties. Plaintiff also claimed a perpetual injunction to restrain defendants 2 to 5 from committing any sort of waste in plaint A schedule and with respect to plaint B schedule movables. 1st defendant filed a written statement admitting the plaint

(3.) averments and also praying for her 1/6th share to be separated.