The supplementary defendants 22, 23 and 26 to 28 in a suit for
partition are the appellants herein.
2. The brief facts necessary for the disposal of the appeal are
as follows:
The plaint schedule property comprised in item Nos.1 to 9
belonged to Karuvarakandiyil Karunakaran Nair. While so,
Karunakaran Nair expired on 20.8.1985 leaving behind the plaintiff
and the defendants as his legal heirs. Late Karunakaran Nair had
three wives. The first wife, namely Lakshmibai, expired and
defendants 1 to 4 are the children born to Karunakaran Nair from
Lakshmibai. The 5th and 11th defendants are the 2nd and 3rd wives of
late Karunakaran Nair and defendant Nos.6 to 10 and defendant
Nos.12 to 21 are the children born out of the said wedlocks. The plaint
schedule property are in joint possession of the plaintiff and the
2025:KER:40792
RSA NO. 874 OF 2015
defendants. Before the death of Karunakaran Nair, he never made
any arrangements or executed any document by way of gift or Will
bequeathing the properties to his legal heirs. Since the plaintiff did
not want to continue the joint possession of the properties, on
15.8.2004, a lawyer notice was issued seeking partition. Since the
defendants were not amenable to it, the suit was filed.