JUDGMENT

The respondents 2 to 6 and 9 (Defendants 2 to 6 and 9) in the final decree application no.3750 of 1996 in O.S.No.377 of 1995 on the file of the Sub Court, Kozhikode are the appellants. They filed this appeal challenging the final decree passed in the above suit for partition.

2. In the above suit for partition, a preliminary decree was passed and as per which the petitioner in the final decree application (the original plaintiff) was permitted to have partition and separate possession of 1/10 share from the plaint schedule properties. Accordingly, she filed the present final decree application in which a final decree was passed on 03.03.2008. As per the said final decree, the trial court accepted Ext.C1 series commission report and annexures submitted along with the said report and item no.,1 property shown in the said commission report was allotted to the share of the petitioner/plaintiff and item no.4 in the report was allotted to the share of the 1^st defendant in the suit. The court further held that towards mesne profits, the petitioner/plaintiff is entitled to get a sum of Rs.3500/- from the date of the suit till actual delivery of the share or till the expiry of three