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2021 Supreme(Ker) 503

N.ANIL KUMAR
KUTTIPRAVAN ABDULLA, S/O. MOIDHEEN HAJI – Appellant
Versus
KUTTIPRAVAN ABOOBACKER – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.T.RAMESH BABU, SRI.C.K.SREEJITH
For the Respondent: SRI.B.KRISHNAN, SRI.R.PARTHASARATHY

ORDER :

This Regular Second Appeal is directed against the judgment and decree dated 18.12.2019 in A.S.No.69/2017 on the file of the Additional District Court-II, Thalassery (hereinafter referred to as, “the first Appellate Court”) arising from the judgment and decree dated 18.07.2017 in O.S.No.388/2014 on the file of the Munsiff Court, Koothuparamba (hereinafter referred to as, “the Trial Court”). The appellant herein is the defendant No.1. The suit was for partition and other reliefs. The appellant contested the suit on diverse grounds. After framing appropriate issues and recording the evidence, the Trial Court dismissed the suit.

2. Assailing the judgment and decree of the Trial Court dated 18.07.2017, the 1st respondent/plaintiff preferred first appeal before the Additional District Court -II, Thalassery. On hearing the parties, the first appellate Court remanded the suit to the trial court with a direction to give an opportunity to both parties to adduce evidence as under;

    “1. The appeal is allowed in part.

2. The decree and judgment in O.S.No.388/2014 passed by the Munsiff, Kuthuparamba are set aside.

3. I.A.No.2217/2018 for amendment of the plaint is allowed.

4. The suit is reman

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