Plaintiffs in OS No.812/2003 on the files of the Additional
Munsiff’s Court, Cherthala, a suit for partition, are before this Court in
this second appeal. They are aggrieved by the judgment and decree of the
Sub Court, Cherthala in AS No.23 of 2008 by which the judgment of the
trial court was reversed, dismissing the suit.
2. Brief facts necessary for the disposal of the appeal are as
follows:
The appellants are the plaintiffs in a suit for partition. The plaint
schedule item No.1 property was allotted to the share of the plaintiffs and
the 1st defendant through their mother one Bharghavi Amma, by partition
deed No.534/1122 M.E. dated 23.02.1122 M.E. Bharghavi Amma, who is
the eldest member of the family, had two sons and one daughter. The
daughter of Bharghavi Amma, namely, Anandavally Amma had three
daughters, named, Baby, Sreedevi and Ushakumari. Anandavally Amma
was married to one Karunakaran Nair. The 1st plaintiff, on attaining
majority, got employment in Military and was there in Military service.
