JUDGMENT

M A ABDUL HAKHIM, J

(RSA Nos.960/2015 and 868/2017)

1. The above Regular Second Appeals arise from OS No.541/1987 of the Principal Munsiff’s Court Thiruvananthapuram. OS 541/1987 was a suit for partition. RSA No. 868/2017 arises from the Preliminary Decree dt 30.08.1994 in the suit. RSA No. 960/2015 arises from the Final Decree dt. 06.12.2008 in I.A No. 5512/2005 in the suit. Both the Appeals are filed by the legal heirs of the Original 3rd defendant.

2. The parties are referred according to their status before the Trial Court.

3. The plaintiffs 1 & 2 filed the suit against the defendants 1 to 5 with the averments to the effect that the plaintiffs & the 2nd defendant are the sons of the 1st defendant, the 5th defendant is the daughter of the 2nd defendant, the 4th defendant is the Second wife of the 1st defendant. The plaintiffs and defendants 1,2, 4 and 5 are Hindu Nadars governed by the Hindu Mitakshara law of succession. The Plaint A Schedule Property having an extent of 44 cents is a portion of a larger extent having an area of 3.2 Acres, which originally belonged to Kutty Nadar, grandfather of the 1st defendant. The said Kutty Nadar had two sons, namely, Madan Nadar and Ve