JOOSA Vs. SIMON

JUDGEMENT

(1.) The appellants are defendants 3, 4, 6, and 8 in O.S No. 737/2003 of the First Additional Munsiff Court Neyyattinkara. The 1st respondent was the plaintiff, the 2nd respondent was the 1st defendant, the 3rd respondent was the 2nd defendant, the 10th respondent was the 5th defendant and the 11th respondent was the 7th defendant. During the pendency of A.S 59/2007 before the First Appellate Court, the plaintiff and the 1st defendant died and the respondents 5 to 9 herein and the 4th respondent herein respectively were impleaded as his legal heirs. During the pendency of this appeal, the 3rd respondent herein/the 2nd defendant died and the 2nd appellant is recorded as the legal heir of the 3rd respondent as per memo dt 18/10/2019.

(2.) The parties are referred according to their status before the trial Court.

(3.) The plaintiff/Simon who was the son of one Joosadima filed the suit for recovery of possession of Plaint B schedule property having an extent of about 9 cents of land which is the western part of Plaint A Schedule property having an extent of 19.250 cents of land which is marked as Plot 'RSTUIJ' in C1 (a) Plan appended to the Decree in O.S No. 78/1993 of the Second Additional Munsiff Court, Neyyattinkara, after removing the defendants from the Plaint B Schedule Property and the building therein and for a permanent prohibitory injunction restraining the defendants from entering into Plaint A Schedule Property.