SHENO SEBASTIAN Vs. SMITHA MAXON

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge by the defendant.

(2.) The plaintiff is the sister of the defendant. The plaint schedule properties belonged to their father. The father and the mother are no more. The plaintiff and the defendant are the only legal heirs. The plaintiff seeks for partition and separate possession.

(3.) The plaint schedule consists of six items of immovable properties. The plaintiff filed a memo withdrawing the relief as against item No.1 without prejudice to the right to institute of a fresh suit since proceedings were pending against the said property under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, for short "the EFL Act". So also, pending the suit the parties jointly sold item Nos.2 to 5. Therefore, all that remains is item No.6.