JUDGMENT

K.HARILAL, J.

The appellant is the 2nd defendant in O.S.

No.55 of 2015 on the files of the Sub Court, Attingal. This appeal has been filed, challenging the judgment and decree passed in the aforesaid original suit, granting a decree for partition of the plaint schedule properties. [The parties are referred to as in the original suit.]

2. The 1st plaintiff is the widow and other plaintiffs and defendants are the children of deceased Gangadharan. The plaint schedule properties absolutely belonged to deceased Gangadharan and his brothers Kunjukrishnan and Vasudevan, and all of them died intestate.

Thus, the plaintiffs and defendants are the sole legal heirs to inherit the assets left behind by them. Since Kunjukrishnan and Vasudevan died unmarried and issueless and both of them predeceased Gangadharan, the plaintiffs and defendants are the legal heirs to inherit their shares. That apart, the mother of Gangadharan, namely Karthyayani alias Pappu Kochukali died during the life time of Gangadharan. Since the plaintiffs and defendants are governed by Hindu Succession Act,1956 (hereinafter referred to as 'the Act'), they are entitled to take equal shares upon the plaint schedule item