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P.B.SURESH KUMAR
Malayalandiyil Kayakool Edakozhi Subair – Appellant
Versus
Kayyalakkakath Kunhamina Umma – Respondent


Counsel for the Parties:
For the Appellants:Sri.R.Parthasarathy, Advocate
For the Respondent No.1:Sri.M.A.Manhu, Advocate
For the Respondent No.15:Sri.MVS.Namboothiry, Advocate
For the Respondent No.17: Sri.P.A.Abdul Jabbar, SC, Wakf Board
For the Respondent No.24:Sri.T.C.Mohandas, Advocate
For the Respondent No.31: Sri.M.M.Saidu Muhammed, SC, Sri.K.Shibili Naha, SC
For the Respondent Nos.30 & 38:Sri.Poovamulle Parambil Abdulkareem, Advocate
For the Respondent Nos.33, 34, 35 & 36:Sri.C.Khalid, Sri.N.Gopinatha Panicker, Sri.T.P.Sajid, Smt.Namitha Jyothish, Advocates

JUDGMENT

P.B.Suresh Kumar, J.—The plaintiffs in a suit for partition are the appellants. The plaint schedule properties belonged to one Makki. The first defendant is the wife of Makki. On the death of Makki, the properties held by him were partitioned by his legal representatives as per Ext.A1 partition deed. The plaint schedule properties are properties allotted to the share of the first defendant in Ext.A1 partition deed. The case of the plaintiffs is that the plaint schedule properties were allotted to the first defendant as per the said partition deed only for her enjoyment during her lifetime and the children of Makki continued to be the co-owners in respect of the said properties. According to the plaintiffs, during the lifetime of the first defendant itself, one of the sons of Makki namely Kunhammed assigned his 1/7th right in the plaint schedule properties to plaintiffs and defendants 5 to 7 as per Ext.A2 assignment deed on 22.9.1972. The case of the plaintiffs is that in the light of Ext.A2 assignment deed, the plaintiffs are entitled to 1872 out of 32760 shares in the plaint schedule properties and the suit was filed for partition of the said right of the plaintiffs.

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