P. A. Mohammed, J.

1. The second defendant in O.S.No. 51 of 1980 on the file of the Subordinate Judge's Court, Kozhikode, is the appellant. The suit was one for partition. The Trial Court passed a preliminary decree for partition. As against the said decree, appellant filed an appeal A.S.No. 193 of 1987, before the District Court, Kozhikode. As there was delay in filing the said appeal, an application for condonation of delay, I.A.No. 1562/87, was also filed. The said application was dismissed by the court below as per order dated 9-12-1988. Consequently the appeal was also dismissed on the same day. It is against the said judgment and decree this Second Appeal has been filed.

2. The appellant claimed one - third share in the plaint schedule properties available for partition. However, by the preliminary decree plaint A schedule properties were directed to be divided into two equal shares and one such share be allotted to the plaintiff and the other share to the first defendant. The appellant did not get any share in the suit property. It was found that she was only entitled to get maintenance for her life out of income from the plaint schedule properties. The counsel therefo