CHELLAMMA Vs. C. SANTHAMMA AND OTHER

JUDGEMENT

(1.) This appeal is filed by the first defendant in IA No.1454/2005 in OS No.161/1995 of the Principal Sub Court, Kollam. Appellant challenges order dated 7/4/2009 by which an application for final decree was allowed by the Court below and a decree had been passed allotting the light green coloured plot in Ext.C2(d) plan having an extent of 15' cents comprised in Re.Sy.No.179/29 of Kollam East Village to the share of the plaintiff, who is the first respondent herein.

(2.) The short facts involved in the case would disclose that appellant and respondents were parties to the suit OS No.161/1995 by which the plaintiff sought for partition of the plaint schedule properties in metes and bounds. The appellant herein is the wife of one Chellappan Pillai and plaintiff and defendants 2 to 6 are their children. The 7th defendant is a partnership firm consisting of plaintiff and defendants 2 to 6. 8th defendant is the son of 6th defendant and 9th defendant is the subsequent purchaser of an item of property scheduled in the plaint.

(3.) A preliminary decree was passed by the Trial Court declaring that the plaintiff is entitled to get 1/7th share over the properties described in item Nos. 1, 3, 5, 10, 11, 13 and 18 to 20 of B schedule to said decree and the defendants 1 to 6 are entitled to get the remaining 6/7th share.