JAYAKRISHNAN Vs. MALA

JUDGEMENT

(1.) THIS appeal has been filed against the Judgment and Decree dated 8.1.2008 made in O.S. No. 5 of 2004 on the file of Additional District and Sessions Judge, Fast Track Court II, Tindivanam.

(2.) FOR the sake of convenience, the parties are referred to in the same position as they have been arrayed before the trial Court.

(3.) THE trial Court, after considering the averments in the plaint and in the written statements, has framed eight issues for consideration. Before the trial Court, on the side of the plaintiffs, P.W.I and P.W.2 were examined and Exhibits A-l to A-3 were marked. On the side of the defendants, D.W.1 to D.W.4 were examined and Exhibits B-1 to B-8 were marked. THE trial Court on consideration of oral and documentary evidences has allowed the suit in part. Preliminary decree for partition was passed in favour of plaintiffs 1 to 3. Against which the fifth defendant has preferred this appeal.