SATHISH NINAN, J. - (1.)The preliminary decree in a suit for partition is under challenge by defendants 1, 3 and 4.
(2.)The plaint schedule consists of seven items of properties. The dispute between the parties is confined to the properties and management of an Upper Primary School and a High School. The properties sought to be partitioned admittedly belonged to one Kunhiraman Master. The first defendant is his wife. The plaintiff and defendants 2 to 4 are his children-daughters. Kunhiraman Master died on 27/12/1980. The plaintiff seeks for partition of the properties including the rights of management in respect of the schools.
(3.)The second defendant remained ex parte. Defendants 1, 3 and 4 relied on a registered Will dtd. 7/10/1980 executed by Kunhiraman Master, marked as Ext.B1 in the suit and contended that the schools and its management were bequeathed thereunder in favour of the first defendant-mother.