IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
E.T. Mohanan S/o. Late Theethan – Appellant
Versus
Pankajakshy W/o. Late Theethan – Respondent
JUDGMENT :
M.A.ABDUL HAKHIM, J.
1. These appeals arise from O.S No.345/2004 of the Principal Sub Court Palakkad, which was filed for partition of A & B schedule properties. The plaintiff is the appellant in both the appeals. Even though partition is sought with respect to plaint A and B Schedule properties, B schedule property was later deleted with leave to institute a fresh suit for the same. The properties included in Plaint A Schedule are the properties included in the C schedule of Ext.A11 Partition Deed dt. 10.02.1973.
2. Admitted facts are that the parties belonged to Hindu Ezhava community. Raman, grandfather of the plaintiff, had three sons- Rakkandi, Kittu, and Theethan (1st defendant). His wife was Nagunni. Raman died around 1952. The plaintiff is the son of 1st defendant. The plaintiff and his sisters, who are the defendants 6 to 8, are the children of the 1st defendant in his first marriage with Janaki. On the death of Janaki, the 1st defendant married the 2nd defendant, and the defendants 3 to 5 are the sons born in that wedlock. The aforesaid children and wife of Raman executed Ext.A11 Partition Deed in the year 1973, partitioning the properties among them in which C sc
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