JUDGMENT

Dated this the 4^th day of March, 2024

This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.88 of 2013 dated 26.09.2019 on the files of the Court of the Principal District Judge, Kottayam arose from the decree and judgment in O.S. No.188 of 2011 dated 26.02.2013 on the files of the Munsiff Court, Vaikom. The appellants herein are defendants and respondents are plaintiffs in the above suit.

2. Heard the learned counsel for the appellants, on admission. Perused the relevant materials and the verdicts under challenge.

3. I shall refer the parties in this appeal with reference to their status before the trial court.

4. In this matter, plaintiffs filed suit for partition of the plaint schedule property originally belonged to Smt.Ambujakshi by virtue of sale deed No.431/1981 of Vaikom S.R.O. According to the plaintiffs, Smt.Ambujakshi died intestate on 10.02.2011 and the plaint schedule property devolved upon the plaintiffs and 1st defendant. Since, the demand for separate possession was refused by the defendants, the present suit was filed claiming ¼