K.M.JOSEPH, A.M.SHAFFIQUE
Rajamma – Appellant
Versus
Sukumar – Respondent
This appeal is filed by respondents 3 to 6 who are the LR s of the first defendant in the suit and the first respondent in the appeal. On the death of the 3rd appellant additional appellants have been impleaded.
2. The appeal arises out of a suit for partition and separate possession of the plaintiffs' share with mesne profits, past and future.
3. There are four schedules to the plaint. Besides A, B and C-Schedule, D-schedule relates to movables. The trial court passed a preliminary decree for partition as follows:
"In the result a preliminary decree for partition is passed in the following terms:-
A. Plaint A schedule, B schedule items 1 to 3 and C schedule items will be partitioned by metes and bounds and plaintiffs 1 to 17 are allotted one half share, Ist defendant 1/3 share and 2nd defendant 1/6 share in the aforesaid properties.
B. The quantum of mesne profits to which the plaintiffs are entitled will be determined in the final decree proceedings and such quantum will be a charge over the share of the plaint items allotted to the Ist defendant.
C. Plaintiffs are at liberty to apply for passing of a final decree within 3 months from this date."
4. The appeal was carried agai
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.