JUDGMENT

The 3rd defendant in O.S.No.399 of 2000 on the file of the Court of Munsiff, Kottarakkara is the appellant in this appeal. Plaintiff in the suit preferred R.F.A.No.55 of 2004 before the Court of Subordinate Judge, Kottarakkara, challenging the dismissal of a suit for fixation of boundary and partition. The lower appellate court allowed the appeal and remanded the case with certain directions. Aggrieved by the directions in the remand order, the 3^rd defendant has come up in appeal.

2. Heard the learned counsel for the appellant/3^rd defendant and the 1^st respondent/plaintiff.

3. Plaintiff is sister of the defendants. The plaint schedule properties belonged to their father Sulaiman Rawather. He executed a settlement deed bearing No.949 of 1980 of the Sub Registrar Office, Oyoor (Ext.A1). According to the plaint averments, the property shown in E schedule to Ext.A1 was allotted to the plaintiff. Although, there was a life interest created in favour of Sulaiman Rawather, on his death, she got absolute right over the property. There was no boundary put up to separate the properties included in Ext.A1. Since the defendants raised FAO(R) No.160/2014 2 untenable contentions, the plain