(1.) These appeals arise from O.S Nos.1205/1996 and 1206/1996 on the files of the First Additional Munsiff's Court, Ernakulam. Both the suits were filed on the same day and the parties are the same. The plaintiffs are the appellants and the defendant is the respondent in these appeals. Since the parties are the same and contentions are almost the same in both the appeals, I dispose of both the appeals together.
(2.) O.S.No.1205/1996 is a suit for permanent prohibitory injunction against trespass and sale. O.S.No.1206/1996 is a suit for declaration of title and permanent prohibitory injunction. The plaint schedule properties are different in these suits. The Plaint schedule property as amended in O.S.No.1205/1996 is a Serpent Grove having an extent of 11.4 cents in Sy No. 735/1 in Thiruvankulam village which forms the western part of 'Kanam Vallayil Dharmadevaparambu". The Plaint schedule property in O.S.No.1206/1996 is the eastern part of 'Pandaravaka verumpattam Vallayil Dharmadevaparambu" in Sy No. 735/1 Thiruvankulam village. The basis of derivation claimed with respect to the plaint schedule property in O.S.No.1206/1996 as per Exts.A1 and A2 Partition Deeds of the year 1077 and 1091 (ME), respectively, is produced in O.S.No.1206/1996. The basis of derivation claimed with respect to the plaint schedule property in O.S.No.1205/1996 is as per the said Ext.A1.
(3.) The Trial Court decreed O.S.No.1206/1996, first as per the judgment and decree dtd. 26/11/1997 and thereafter dismissed O.S.No.1205/1996 dtd. 29/02/2000. The First Appellate Court allowed A.S.No.88/1998, filed by the defendant setting aside the judgment and decree in O.S.No.1206/1996. The First Appellate Court dismissed A.S.No.240/2000, confirming the judgment and decree in O.S.No.1205/1996. The appellants are aggrieved by the dismissal of both the suits.