JUDGMENT

Defendants 1, 2, 12 and 13, who suffered a preliminary decree at the hands of the Sub Court, Palakkad and whose appeal turned out to be a futile exercise are the appellants before this court. The parties and facts are hereinafter referred to as they are available before the trial court.

2. The facts absolutely necessary for the disposal of this appeal are as follows:

According to the plaintiffs the plaint schedule property belonged to Appu and on his death it devolved on his legal heirs namely, Kunju, Chinnan, Kunjan, Thangan, Kochu and Appukuttan. The parties belong to Hindu-Ezhava community and they follow Mithakshara Law. Plaintiffs are the children of Kunju. Chinnnan, another son of Appu, died and his wife pre-deceased S.A.649/1999. 2 him. Defendants 4 to 6 are the children of Chinnan. Kunjan, another son of Appu died and defendants 5 to 13 are the legal heirs of Kunjan. During the pendency of the suit, it appears that the fourth defendant died and his legal heirs were brought on the party array as defendants 14 to 20. According to the plaintiffs, Appu acquired several items of property along with the plaint schedule item 1 property. After his death, there was an oral par