P. SOMARAJAN, J.

1. Aggrieved by the decree and judgment in O.S.No.356/2002 of the Addl.Sub Court, Kozhikode, the appeal in A.S.No.282/2003 was filed before the District Court, Kozhikode by the appellants, who are not party to the original suit, along with an application in I.A.No.2145/2003 for permitting them to prefer the said appeal as 'aggrieved persons'. The First Appellate Court dismissed the said application and consequently the first appeal was also dismissed which is under challenge in this second appeal filed by appellants 1 to 3, 5 and 6 in the First Appellate Court.

2. The original suit was filed for partition and a preliminary decree was passed. The appellants were not made as party to the suit though the plaint schedule item No.4 property is exclusively belonging to them. Interalia, it was contended that they are in possession and enjoyment of the property and that the property is not available for partition. They claimed that their father, Sukumara Menoky and his brother, Padmanabha Menoky acquired leasehold right over the plaint schedule item No.4 property on 18/05/1997. Subsequently, they partitioned the property in the year 1997 and the plaint schedule ite