LAWS(SC)-2024-12-115

JAYANANDAN Vs. SURESH KUMAR

Decided On December 02, 2024
JAYANANDAN Appellant
V/S
SURESH KUMAR Respondents

JUDGEMENT

(1.) Application for permission to file the petition is allowed. Delay in filing the applications for substitution and settingaside abatement is condoned. Applications for substitution and setting-aside abatement are allowed. Leave granted.

(2.) Being aggrieved by the judgment of the Kerala High Court passed in R.S.A. No.1432/2011 dtd. 1/10/2019 by which the judgment passed by the First Appellate Court in A.S. No.69/2010 dtd. 30/11/2011 was partly sustained, the appellants-plaintiffs have preferred this appeal.

(3.) It is stated that in 2004, by virtue of Sale Deed No.3363/2004, the original plaintiffs, who were husband and wife, got title and possession over the suit property being Sy. No. 258/3 (Re. Sy. O. 293/14) and the shops AP x 460, 461 etc in Athiyanoor village, Kamukincode P.O Kodangavila, District Trivandrum in State of Kerala, and have been in absolute possession since then.