1. The Second Defendant in a suit for partition filed by the 1 st respondent, has filed this Regular Second Appeal challenging the Preliminary Decree passed by the First Appellate Court in A.S.No.99 of 1999.

2. The plaintiff filed O.S.No.57/1996 of the Munsiff’s Court, Mavelikkara for partition contending that the plaintiff and the defendants 1 and 2 who are his mother and sister jointly obtained ownership and possession of the plaint schedule property as per Ext.A1/B3 Partition Deed and the same is liable to be partitioned by among the plaintiff and the defendants 1 & 2 equally by metes and bounds.

3. The Trial Court dismissed the suit by judgment dated 21/12/1998 finding that till the plaintiff is declared as Krishnadas, the son of the first defendant and the brother of the 2nd defendant by the competent court of law, he is not entitled to any share in the plaint schedule property.

4. In A.S.No.99/1999 filed by the plaintiff, the First Appellate Court held that the plaintiff has established his status as the son of the first defendant and he is the person mentioned in Ext.B3 Partition Deed as Krishnadas and he is entitled to get share in the plaint schedule property.

5. Taki