K. Lekshmikutty, J.

Challenging the judgment and decree in A.S. No.8 of 1995 on the file of the Subordinate Judge's Court, Koyilandy, this appeal is preferred by the first defendant. The appellant was the first defendant in O.S. No.130 of 1987 on the file of the Munsiff's Court, Koyilandy. Against the judgment and decree in the said suit, the appellant filed A.S. No.8 of 1995 before the Sub Court, Koyilandy. The suit was filed by the first respondent herein for partition of the plaint schedule property. A preliminary decree was passed in the suit directing division of the property into 56 shares and by allotting 9/56 shares each in favour of the plaintiff and defendants 1 to 5. Defendants 6 and 7 were allotted 2/56 shares each. Thereupon the first respondent herein filed I.A. No. 420 of 1989 for the passing of a final decree in terms of the preliminary decree. An Advocate Commissioner was deputed for division of the property. He submitted a plan and report on 24.4.1989 diving the property into seven plots and allotting them to each of the parties. The Commissioner allotted Plot "G" in favour of the appellant herein. The plaintiff and defendants 2 to 7 filed I.A.. No. 173