A suit for partition decreed by the Trial Court

(Munsiff's Court, Kuthuparamba) in O.S.No.254/1997,

granting 1/11^th share to the plaintiff. It was

modified by the Appellate Court (Addl. Sub Court,

Thalassery) in A.S.No.13/2001, granting 1/5^th share to

the plaintiff, against which the 6^th defendant came up

with this appeal.

2. During the pendency of appeal, the 6^th

defendant passed away. His legal representatives were

in the party array of appeal as respondents 5 to 10,

who are the defendant No.7 to 12 in the Trial Court.

There on the 7^th defendant transposed as additional

appellant and proceeded with the appeal.

3. The property originally belonged to one

Padmanabhan Nambiar, the husband of first defendant.

The plaintiff, 5^th defendant, 6^th defendant and one

late Harimithran are the children born to first

defendant to the deceased Padmanabhan Nambiar.

Admittedly, this property was left out by him at the

time of his death leaving his wife, the first

RSA.No. 1302 of 2004 4

defendant, his children the plaintiff, 5^th defendant,

6^th defendant and late Harimithran as his legal heirs

and successors in interest, as such the plaintiff

claimed