JUDGMENT

Dated this the 3^rd day of February, 2025 This appeal has been filed at the instance of the 2^nd defendant in O.S.No.809/2012 on the files of the Principal Sub Court, Irinjalakkuda. Respondents are the plaintiff and other defendants.

2. Heard the learned counsel for the appellant/2^nd defendant and the learned counsel appearing for respondents 1, 3, 4 and 5 who are the plaintiff, defendant Nos.1, 3, 4 and 7 in the suit.

3. The parties in this appeal will be referred to as 'plaintiff' and 'defendants' with reference to their status before the trial court hereafter for easy reference.

4. The short facts are as under;

The plaintiff, who is the son of late Parukkutty Amma, instituted the suit claiming partition of the plaint schedule property, contending that the same is a property obtained by late Parukkutty Amma, as the sixth party in partition deed No.808/1959 of Nelayi SRO, as 'F' schedule thereon. After the execution of the partition deed, Sankarankutty also was born and thereafter on 03.05.2006, Parukkutty Amma died. According to the plaintiff, since the parties are Hindus governed by the Hindu Succession Act , the plaint schedule property is liable to be partitioned in betwee