JUDGMENT

Ramachandran Nair, J.

Both the appeals are from the judgment and decree in O.S. No.598/2002 of the First Addl. Sub Court, Thrissur, in a suit for partition. The suit stands dismissed on a finding that the disposition per Ext.B1 will govern the plaint schedule property. R.F.A. No.101/2007 is filed by the plaintiffs and R.F.A. No.173/2007 is filed by the first defendant.

2. Late Shri Luwis and late Smt. Rosa had nine children, out of which 6 sisters are the plaintiffs; the third defendant is another sister and the two brothers are defendants 1 and 2. The first defendant is the eldest among all children and the second defendant is the youngest among the two brothers. The property scheduled is having an extent of 60.5 cents along with the building and other improvements therein which late Shri Luwis obtained as per partition deed No.1964/1956. The plea of the plaintiffs in short is that, late Shri Luwis was in possession of the property till his death in 1988. Before his death he had not made any provision for distribution of property among his children. Thereby, the properties devolved on his wife Rosa and the plaintiffs and defendants by intestate succession. Mother Smt. Rosa d