JUDGMENT :

The appellant is the appellant in A.S.No.62/2016 on the file of the third Additional District Court, Palakkad (hereinafter referred to as 'the first appellate court') and the 1st defendant in O.S.No.306/2013 on the file of the Munsiff's Court, Chittur (hereinafter referred to as 'the trial court'). The parties are hereinafter referred to as 'the plaintiffs' and 'the defendants' according to their status in the trial court unless otherwise stated.

2. The Kittummaman Kovil in Thattamangalam in the present Palakkad District belonged originally to the Ayyampathy Palat family. The plaintiffs as well as the 2nd defendant are members of the aforesaid family. Since the 2nd defendant did not join in the suit as plaintiff, she is arrayed as the 2nd defendant. In the suit, no relief is claimed against the 2nd defendant. She has agreed and consented to file the above suit as against the 1st defendant. In a suit for partition of the Palat family as O.S.No.15/1118 ME of the District Court, Thrissur, the plaint schedule property is included as one of the items available for partition among the members of the family. In the above suit, the plaint schedule property was kept in common, but,