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2015 Supreme(Online)(KER) 43242

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
PARAYATHODI KUNHALI @ KUNHALIKUTTY – Appellant
Versus
PARAYATHODI KUNHAYISHA – Respondent


Advocates:
SRI.N.M.MADHU, SMT.C.S.RAJANI

JUDGMENT

The fifth defendant in a suit for partition is the appellant. The preliminary decree passed in the suit is under challenge. The trial court resolved the disputes between the parties and passed a preliminary decree in respect of plaint A schedule item Nos 1 to 4 properties, plaint B schedule item No 1 property and the plaint C schedule property as follows:

“In the result, the suit is decreed as follows:

(1) A preliminary decree for partition in respect of plaint A schedule Nos.1 to 4 excluding the property having an extent of 2.77 acres which is covered by Ext.B6, the property having an extent of 4.66 acres covered by Ext.B7 and also the C schedule item No.1, by metes and bounds into 30240 shares is ordered;

(2) The plaint B schedule property item No.1 is also ordered to be partitioned into 30240 shares;

(3) The share pertaining to the plaintiff is quantified as

2412/30240 shares, 1st defendant is entitled to get 4944/30240 shares, 2nd defendant is entitled to 4642/30240 shares, 3rd defendant is entitled to get 4642/30240 shares, defendants 4 and 5 are entitled to get 644/30240 each, 6th defendant is entitled to get 1659/30240 shares, defendants 7 and 8 are entitled to get 63/30

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