J U D G M E N T

Feeling aggrieved by Ext P10 order passed in I.A.No.669/2022 in O.S.No.225/2017 by the Court of the Munsiff, Pattambi, the first defendant in the suit has filed the original petition. The first respondent is the plaintiff and the second respondent is the second defendant in the suit.

2. The background facts leading to Ext P10 order, in a nutshell, are:

(i) The first respondent has filed the suit against the petitioner and the second respondent for partition.

(ii) The first respondent’s case is that she is the daughter of Kuttikrishnan Nair and Madhavi Amma. The petitioner and the second respondent are the illegitimate children of Melethil Kuttikrishnan Nair, in his relationship with Lakshmi Appissi. On the death of Kuttikrishnan Nair, the first respondent is entitled to 2/ th share in the properties of her father.

(iii) The petitioner and the second respondent filed Ext P2 written statement, inter alia, contending that there is no marriage between first respondent’s mother and Kuttikrishnan Nair. The suit is only an experimental litigation.

(iv) At the time of trial, the respondent filed I.A.No.669/2022 (Ext P3), to subject the first respondent, the petitioner and the sec