After the death of one Christhumony @ Rajendran, his two minor children came up with the suit in O.S.No.277 of 1999 before the Principal Munsiff's Court, Neyyattinkara through their next friend, the uncle, claiming 3/5th share over the property left out by their deceased father and for setting aside Ext.A1 sale deed executed by their mother representing the minor children in respect of 1 acre 24 cents in favour of defendant Nos.1 and 2. The mother was impleaded in the suit as defendant No.3. During the pendency of the suit, defendant No.1 passed away and the legal heirs were impleaded as additional defendant Nos.4 and 5. Defendant No.2 was recorded as one of the legal heir. The suit was decreed by the trial court and Ext.A1 document was set aside in so far as 3/5th fractional interest of the minor children over the property is concerned and granted a preliminary decree for partition. It was taken up in A.S.No.202 of 2003 before the Sub Court, Neyyattinkara wherein the decree was confirmed by its judgment and decree dated 7.11.2008. Aggrieved by the abovesaid decree and judgment, defendant Nos.2, 4 and 5 came up with this second appeal. Defendant No.3 remained exparte both