J U D G M E N T

Smt.Madhavi, 1st defendant in O.S.No.312/2009, on the files of the Subordinate Court, Ottapalam, had originally filed this appeal assailing the judgment and decree, dated 21.01.2015, issued by the said Court, as per which, the said suit for partition, filed by respondents 1 and 2 herein, had been allowed. Pending this appeal, Smt.Madhavi died and her legal heirs have been brought on record as appellants 2 to 4 and respondents 15 and 16.

2. According to the appellants, the Trial Court has erred in decreeing O.S.No.312/2009, since the plaint schedule property therein was the subject of an earlier partition in the family of Smt.Madhavi in the year 1997 and that therefore, without the rest of the properties, covered by the said partition deed, being also partitioned, the suit becomes incompetent. The appellants explain their stand by saying that, as per the partition deed of the year 1977, a copy of which has been marked on record as Ext.A1, all the properties of the family owned by Sri.Velu, the father of Smt.Madhavi had been partitioned and given in separate possession to the various sharers. According to them, in Ext.A1, the properties were divided among Velu and his