JUDGMENT :

O.S. No.85 of 1993 was a suit filed before the Sub Court, Tirur for partition and separate possession of the properties scheduled in the plaint. A preliminary decree for partition was passed by the learned Subordinate Judge on 30th January, 1997. Assailing the said judgment and decree, the plaintiff had preferred A.S No.507/1997. The 1st defendant had filed A.S. No. 219 of 1997 and the 5th defendant had filed A.S. No. 584 of 1997.

2. For the sake of convenience, the parties are referred to as per their status before the trial court.

3. It is the case of the plaintiff that the plaint schedule item Nos. 1 to 7 originally belonged to Achambat Kunhalikutty Haji, the father of the plaintiff and the defendants 1 to 5. Kunhalikutty Haji had married thrice. His first wife was Kunhipathi Umma. The 1st defendant was born to them in the said wedlock. Later he divorced her and married another lady viz Thithi Umma (defendant No.8) and one son was born to them by name Muhammed Ali. Kunhalikutty Haji then divorced her and married one Pathukutty Umma. The plaintiff and the defendants 2 to 5 are the children born to them in the said wed lock. Kunhalikutty Haji expired on 25.01.1985. His wif