K.M.CHERIAN Vs. AMMINI

JUDGEMENT

(1.) This Appeal Suit is filed by the plaintiffs 2 to 5 in O.S.No.596/1999 of the First Additional Sub Court, Ernakulam. During the pendency of the Appeal, the appellants 1 to 3 died and their legal heirs were impleaded in the Appeal as additional appellants 5 to 13. Additional appellants 5 and 6 are the legal heirs of the first appellant. Additional appellants 7 to 9 are the legal heirs of the second appellant. The additional appellants 10 to 13 are the legal heirs of the third appellant.

(2.) The suit was originally filed by four persons who are the children of four brothers. During the pendency of the suit, the first plaintiff died and the additional 5th plaintiff is impleaded as the legal heir of the first plaintiff.

(3.) The suit as amended is mainly for declaring that Exts.A3, A4 and A5 documents of the year 1993 of the SRO, Edappally, as null and void, to set aside the said documents, to pass a decree allowing the plaintiffs to recover the plaint schedule properties from the defendants 1 to 3 and to put the plaintiffs in possession of the plaint schedule properties. Ancillary reliefs are sought to pass a decree of permanent prohibitory injunction restraining the defendants 2 and 3 from digging, taking and selling out the soil from the plaint schedule properties and to enter into the plaint schedule properties and to pass a decree in favour of the plaintiffs for themselves and on behalf of other co-owners of the plaint schedule properties to recover a sum of Rs.25,000.00 from the defendants and their properties along with interest @ 24% per annum thereon.