THANKAMONI AMMA PADMAKUMARI AMMA Vs. GANAPATHI SURESH

JUDGEMENT

(1.) A suit for partition was decreed by the trial court and the first appellate court by granting a preliminary decree for partition against which the second and third defendants came up with this appeal.

(2.) The suit is one for partition and for fixation of boundary. The 4th defendant is the father of the plaintiffs. The mother obtained the property in the year 1953 under a partition. The father sold the property to the first defendant after the death of the mother. At that time the plaintiffs were minors. The third plaintiff attained majority in the year 1982. She has filed an earlier suit in O.S.No.239 of 1983 for herself and as next friend of her two minor siblings, the second and the first plaintiff. The suit was ended in dismissal for default. Ext.B8 is the judgment. It is thereafter, the present suit was instituted in the year 1997 for partition and fixation of boundary. Both the trial court and the first appellate court granted a decree for partition by passing a preliminary decree. Aggrieved by the said decree and judgment, the defendant Nos.2 and 3 came up with this appeal.

(3.) The questions came up for consideration are: