court of learned Additional Sub
Judge, Alappuzha allowing the request of additional 8th defendant
to pass supplementary preliminary decree consequent to the court
auction sale ... impugned supplementary preliminary decree,
final decree was passed, that decree was put to execution and
the share allotted to additional 8th defendant
decree of
learned Additional District Judge, North Paravur in A.S. No.138 of 1996
confirming judgment and preliminary decree for partition passed by
learned ... Appellant took up the matter in appeal. Learned
Additional District Judge confirmed the judgment and preliminary
decree. Hence this Second Appeal. Learned counsel for appellant
preliminary decree based on
compromise could file separate suit for partition challenging that preliminary
decree?
2. The Regular Second Appeal arises from judgment and decree ... learned Additional District Judge-I, Palakkad in A.S.No.32 of 2003 reversing
judgment and decree of learned Additional Munsiff, Palakkad
representative in the executing
court (Court of learned Additional District Judge, Thirupathi) and
raised a preliminary objection that since the last 2-3 years ... learned Senior
Advocate for respondent that even the preliminary objection
preferred by petitioner before learned Additional District Judge,
Thirupathi
Senior Advocate that judgment and preliminary decree
were passed accepting Ext.A2, gift deed. That judgment and preliminary decree
were challenged ... defendant No.2. Learned Additional
District Judge, Ernakulam vide judgment dated 5.7.2008 passed a modified
preliminary decree to the extent that in respect
confirming the
judgment and preliminary decree for partition passed by the learned Additional
Munsiff-II, Thrissur ... preliminary decree for partition was passed
allowing 7/12 shares to the 1st respondent. That judgment and preliminary
decree were confirmed by the learned Additional
third
Additional District Court, Thiruvananthapuram.
4. Respondent/plaintiff filed O.S.No.1330 of 1994 in the
first Additional Munsiff Court, Thiruvananthapuram for partition ... Learned Additional District Judge thought that
further evidence is required, set aside the judgment and
preliminary decree of the trial court and remitted the suit
arises from judgment and preliminary decree
for partition passed by the learned II Additional Sub Judge, Kozhikode
Additional
Sub Court, Thrissur is aggrieved by the preliminary decree for
accounting passed by the District Court, Thrissur
learned Munsiff, Punalur passed a preliminary
decree in O.S. No.83 of 1981. That judgment and preliminary
decree were confirmed by the learned ... granted a preliminary decree for partition. That was
confirmed by the first appellate court.
6. The learned counsel for the appellants (additional
defendants
