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2005 Supreme(Ker) 681

S.SANKARASUBBAN
H. Krishnan – Appellant
Versus
Mohammed @ Kunhan – Respondent


Judgment :-

This Civil Revision Petition is filed against the order passed in I.A.No.1557 of 1997 in I.A.No.1522 of 1988 in O.S.No.6 of 1978 of the Sub Court, Ottapalam. Plaintiffs are the petitioners. The plaintiffs filed the suit for partition of the plaint schedule property. Plaint Schedule property was described as property in Sy.No.103/11 with kole measurement of 30 X 22. Four boundaries were also given.

2. First defendant in this case executed Ext.B2 deed by which the property was sold to the third defendant. The contention of the plaintiffs was that the sale deed is valid only on the share of the father and it is invalid regarding the other sharers.

3. A preliminary decree was passed by the trial court allotting 3/15 shares. The said decision was confirmed in appeal. In Second Appeal, this Court was pleased to grant 3/7 share to the plaintiffs.

After the preliminary decree was confirmed, the petitioners filed an application for final decree. The commissioner measured 53 cents of property in Sy.No.103/11. Subsequently, the commission measured the property on the basis of the boundaries. For this purpose, the commissioner went again and filed a report stating that if the bounda





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