JUDGMENT

The second appeal is filed by the 1st defendant in OS.No.88/2009 on the file of Munsiff's Court, Manjeri. The suit was filed by the 1st respondent for a declaration that the plaint schedule properties belong to her as the sole legal heir of Sri.Govindan Nair. Sri.Govindan Nair was the brother of the 1st respondent and the suit was filed stating that he is unheard of for the past 34 years. The defendants in the suit, which includes the appellants, are the children of the 1st respondent. The suit was decreed on 18.01.2010. After 12 years, the 1st defendant filed AS.No.13/2022 before the District Court, Manjeri along with an application for condonation of delay. The District Court dismissed the petition to condone delay and consequently the appeal also was dismissed. It is in these circumstances that this second appeal is filed praying that the appellant is entitled to an order on merits.

2. The contention of the appellant is that the parties were governed by the 'marumakkathayam' law and on the death of a male, necessarily the children born out of a female who are members of the 'thavazhi' are also entitled to the shares. It is hence contended that the 1st respondent was not