LAWS(KER)-1987-6-77

SAINABA UMMA AND ANR. Vs. MOIDEENKUTTY AND ORS.

Decided On June 17, 1987
Sainaba Umma And Anr. Appellant
V/S
Moideenkutty And Ors. Respondents

JUDGEMENT

(1.) THIS appeal by Defendants 2 and 3 is against the preliminary decree for partition of the plant B Schedule items 1, 3 and 5 to 7. The Appellants are concerned only with items 3, 4 and 5 and these items, according to them, are not available for partition.

(2.) THE Plaintiffs claim partition and separate allotment of 1/3 share in the B Schedule items 1 to 7. The A Schedule is the genealogy and the C Schedule consists of moveable items wherein also the Plaintiffs claimed a 1/3rd share. The suit was dismissed in so far as it relates to item 2 of the B Schedule and the C Schedule moveable. The Plaintiffs have filed a memorandum of cross -objections with a petition to condone the delay in filing the same.

(3.) THE trial Court decreed partition of a 1/3rd share in items 3 and 5 and a 1/5th share in item 4 to the Plaintiffs.