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2021 Supreme(Ker) 786

N.ANIL KUMAR
B. C. ABDURAHIMAN S/O. AHAMMED – Appellant
Versus
P. V. ABDUL KHADER, S/O. AHAMMED KOYA THANGAL – Respondent


Advocates Appeared:
For the Appellant : SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.PRIJITH.P. SRI.THOMAS P.KURUVILLA SRI.AJAY BEN JOSE SRI.MANJUNATH MENON SRI.HARIKRISHNAN.S.
For the Respondent: SRI.A.KOMU SRI.T.B.SIVAPRASAD, SRI.S.VAIDYANATHAN ADV.SRI.ANEESH JAMES, ADV.SRI.P.K.SIDHARTHAN ADV SRI.S.VAIDYANATHAN, ADVS.SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.PRIJITH.P., SRI.THOMAS P.KURUVILLA, SRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SRI.HARIKRISHNAN.S., RI.A.KOMU SRI.T.B.SIVAPRASAD , SRI.ANEESH JAMES SRI.P.K.SIDHARTHAN

JUDGMENT :

1. The plaintiffs 1 to 8 filed a suit as O.S.No.434/2013 of the first Additional Sub Court, Kozhikode (hereinafter referred to as 'the trial court') for partition of the plaint 'C' schedule property and the separate possession thereof. The trial court passed a preliminary judgment and decree on 23.2.2018. The 1st defendant challenged the preliminary judgment and decree in A.S.No.85/2018 of the Additional District Court-IV, Kozhikode (hereinafter referred to as 'the first appellate court'). The first appellate court dismissed the appeal by judgment and decree dated 3.7.2019. Hence, this Regular Second Appeal by the 1st defendant. The respondents in this appeal are the plaintiffs 1 to 6, 8, legal heir of the 7th plaintiff and defendants 2 to 8 respectively. The parties are hereinafter referred to as 'the plaintiff' and 'the defendant' according to their status in the trial court unless otherwise stated.

2. The plaint 'A' schedule is the genealogy of the parties. The plaint 'B' schedule property popularly known as 'Chunkathara Paramba' is having an extent of 2 acres 91½ cents and the plaint 'C' schedule is having an extent of 2 acres 36.38 cents is a part of the plaint 'B' s

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