- (1.)This appeal is filed by the appellants against the final judgment and order dated 02.02.2005 passed in A.S. No. 678 of 1993(C) by the High Court of Kerala at Ernakulam, whereby the High Court has set aside the judgment and decree passed in the Original Suit No. 123 of 1990 on 26.11.1992 by the Subordinate Court Judge, Tirur, holding that the judgment and decree under the appeal cannot be sustained and passed a preliminary decree directing the division of the suit schedule properties.
(2.)The relevant facts, in brief, are stated hereunder. For the sake of brevity and convenience the parties are referred to as per the rank assigned to them in the original suit proceedings.
(3.)The defendant Nos. 1 to 9 in the Court of the Subordinate Judge are the appellants herein and the plaintiffs and defendant Nos. 10 to 17 are the respondents herein who belong to the Perumkollam (blacksmith) community and are governed by customary law and Hindu law. As per the original suit, the suit schedule properties belonged to Valli, the mother of the plaintiff No. 1 and grandmother of plaintiff Nos. 2 to 4 and the defendant Nos. 1 to 17. Valli died in the year 1942 leaving behind her three sons namely, Kunhan, Ayyappan and Apputty and two daughters, namely, Unniechi and Ammalukutty. The plaintiff No. 1 is Unniechi, the daughter of Valli, plaintiff Nos.2 to 4 are the children of deceased Apputty, defendants Nos. 1 to 7 are the children of the deceased Kunhan, defendant Nos. 8 and 9 are the daughters of deceased Ayyappan and defendant Nos. 10 to 17 are the children of deceased Ammalukutty. Kunhan expired in the year 1984 or 1985. Ammalkutty died in the year 1986 or 1987 and Ayyappan died in the year 1984 or 1985. Apputty died in the year 1945.