RAMANI Vs. THANKAPPAN

JUDGEMENT

(1.) THIS is an application seeking review of an order deciding the disputes in an appeal filed under Section 5 of the Kerala High Court Act against the judgment of the learned single Judge affirming the decree passed by the trial court.

(2.) DEFENDANTS 7 and 8 in a suit for declaration of title and recovery of possession on the basis of title challenged the decree passed by the trial court. Their contentions in the suit had been answered by the trial court holding specifically under issues 9 and 11 that the plaintiffs are entitled to succeed subject to the right of residence of defendants 7 and 8 and the adjoining land for the convenient residence in the house.

(3.) YET, we found that there is lack of clarity or rather some incongruity between the decree drafted by the trial court and its judgment. We accordingly, for reasons stated in paragraph 16 onwards of the order dated 12th November, 2010, issued certain directions to conclude the litigation finally by giving the parties whatever would be due in terms of the decree of the trial court and the judgment of the learned single Judge, though the plaintiffs went to the extent of conceding that the appellants defendants could be given something more than what would be due in terms of the KLR Act. We say this because, as noted in paragraph 16 of that order in the AFA, the land being in a municipal area, the extent that would be available for a kudikidappu is 5 cents and the plaintiffs offered that defendants 7 and 8, who are the appellants, could take 7 cents. It was accordingly that the said directions were issued by delivering order immediately on closing of hearing of the AFA.