KRISHNANKUTTY Vs. PANKAJAKSHI

JUDGEMENT

(1.) R.S.A.No.72/2024 is at the instance of plaintiff No.2, Sri Krishnankutty in O.S.No.330/2011 on the files of the Munsiff Court, Cherthala, challenging the decree and judgment in A.S.No.2 of 2021, whereby the verdicts rendered by the Munssiff Court in O.S.No.330/2011 were confirmed. The respondents herein are the original defendant as well as the legal heirs of the 1stplaintiff. R.S.A.No.73/2024 is also filed by Krishnankutty and others, challenging the decree and judgment in A.S.No.12/2022, on the files of Sub Judge, Thiruvalla and respondents are the defendants in O.S.No.245/2011 on the files of Munsiff Court, Thiruvalla.

(2.) Heard the learned counsel for the appellants on admission. Perused the verdicts under challenge as well as the relevant documents placed by the learned counsel for the appellants.

(3.) I shall refer the parties in this appeal as 'Krishnankutty and others' (2ndand 3rddefendants in O.S.No.245/2011) and 'Sivashankara Pillai' (plaintiff in O.S.No.245/2011). Initially Sivashankaran Pillai, as plaintiff, filed O.S.No.245/2011 seeking the relief of permanent prohibitory injunction against trespass upon plaint item Nos.1 and 2 properties and also mandatory injunction to reinstate the gate on the entrance portion of plaint schedule item No.2.