JAIMON ANTONY Vs. SEBASTIAN MATHEW

JUDGEMENT

(1.) RSA 1128 of 2006 arises from OS 95/2002 filed by the appellants herein as plaintiffs. The suit is one for declaration of title and possession, and for a declaration that Sale Deed No.906/2001(Ext.B3) does not affect the plaint schedule property. The plaint schedule property is, 13 cents 160 square links with building thereon.

(2.) RSA 1129/2006 arises from OS 82/2002, a cross suit. The suit is one for prohibitory injunction against trespass. The plaint schedule property therein is the eastern most 3 and cents from out of the plaint schedule property in OS 95/2002.

(3.) The suits were jointly tried. OS 95/2002 was taken as the leading case. The appeals which arose therefrom, were heard jointly. It is being followed suit at this second appellate stage and the appeals are heard together. Since the plaint schedule in O.S.82/2002 is a portion of the plaint schedule in O.S.95/2002, the property in O.S 95/2002 is hereinafter referred to as, "the plaint schedule property" and the parties are referred to according to their status in O.S. 95/2002.