PATHUMMA Vs. KHADEEJAUMMA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and respondents.

(2.) Appellants challenge the allotment in a final decree in a suit for partition, namely, O.S.No.256 of 1986 before the Court of Munsiff-Magistrate, Pattambi. As per order on I.A.No.740 of 1998, learned Munsiff passed the final decree. The order passed in the final decree was initially challenged in appeal before the Court of Subordinate Judge, Ottapalam in A.S.No.55 of 2008 with a huge delay. However, the delay was condoned by the lower appellate court and the matter was considered on merit.

(3.) Learned counsel for the appellants submitted that going by the allotment made by the Commissioner, which was approved by the courts below, great injustice has been done to the appellants by allotting a property having a lesser importance than the other properties allotted to other sharers. It is pointedly argued that the property allotted to the appellants shown in green shade in the plan is having only a narrow entrance to a public road running north-south through the western boundary of the property. According to the learned counsel for the appellants, the properties allotted to the plaintiffs and other sharers are having more larger area for access to the public road. It is further contended that the allotment made by the Commissioner, which was approved by the courts below, is highly inequitable.