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THOTTATHIL B. RADHAKRISHNAN, J.

The first defendant in a suit for partition is the appellant. He challenges the preliminary decree to the limited extent of fastening him with liability to pay the mesne profits referable to plaint B schedule item 1 and plaint B schedule item 4.

2. Govindan and Karthiayani had three daughters and two sons. The three daughters are the plaintiffs. Son Krishnakumar left behind defendants 2 and 3.

3. The plaint proceeded on the basis that the income from plaint B schedule item No. 4, an item from Coimbatore, is being shared and enjoyed by all the parties. The plea is that the income is taken by the first plaintiff and distributed to all the sharers. The plaint B schedule item No.1 is an item in Kozhikode which is in the possession of Benz Motors either as tenants or otherwise.

In the result, this appeal is ordered directing that any final decree application by any among the parties will be decided upon by the court below in the light of the aforesaid. No costs.

Sd/-

THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/-

A.V. RAMAKRISHNA PILLAI, JUDGE kvr/ /True copy/ P.S. to Judge THOTTATHIL B. RADHAKRISHNAN & A.V. RAMAKRISHNA PILLAI, JJ.

==================== I.A.No. 1170 of 2009 in ==================== Dated this the 16th day of January, 2013 ORDER THOTTATHIL B. RADHAKRISHNAN, J.

Dismissed without prejudice to produce any such materials before the court below in the final decree proceedings.

THOTTATHIL B. RADHAKRISHNAN, JUDGE A.V. RAMAKRISHNA PILLAI, JUDGE kvr/