FATHIMA BATHOOL Vs. M M ZULAIHA

JUDGEMENT

(1.) The appellant in O.S.A.No.114 of 2013 is the applicant in A.No.3640 of 2012 in C.S.No.D21717 of 2012. The appellant in O.S.A.No.339 of 2013 are the respondents 2, 3, 5 and 6/defendants 2, 3, 5 and 6 in A.No.3640 of 2012 filed by the appellant in O.S.A.No.114 of 2013/applicant/plaintiff under Clause 12 of the Letters Patent, seeking leave to institute a Suit for Partition in respect of Item Nos.1 to 3 and 6 to 19 of the plaint schedule properties, which was partly allowed granting leave to institute a Suit except in respect of Item No.19 and aggrieved by the same, has filed this appeal. The appellants in O.S.A.No.339 of 2013/respondents 2, 3, 5 and 6 in O.S.A.No.114 of 2013/defendants 2, 3, 5 and 6, aggrieved by the order granting leave to institute a Suit with regard to Item Nos.1 to 18, had filed this writ appeal.

(2.) Since both the appeals arise out of the order dated 07.02.2013 made in A.No.3640 of 2012, they are taken up together and disposed of by this common judgment.

(3.) The first respondent in the application, namely Tmt.M.M.Zulaiha is the mother of the applicant/plaintiff and respondents 2 to 4/defendants 2 to 4. Fifth respondent is the wife of the second respondent. Sixth respondent is the wife of the third respondent. Late Mr.Abdul Kasim is the husband of the first defendant and father of the plaintiff/applicant and respondents 2 to 4.