(1.) Plaintiffs 1 and 2 in O.S.No.1472 of 1995 on the files of the 1st Additional Sub Court, Thiruvananthapuram, have filed R.F.A.No.52/2004, challenging the decree and judgment in the above suit dtd. 23/7/2003, arraying defendants in the suit as the respondents. In the meanwhile, the 1st defendant died and defendants 2 to 4 were recorded as his legal heirs vide order dtd. 15/12/2023 in I.A.No.1/2023.
(2.) R.F.A.No.433/2004 is at the instance of defendants 1 to 4, challenging dismissal of a counter claim on disallowing the prayer for specific performance of agreement for sale. The respondents are the plaintiffs in the above suit. During pendency of this appeal, 1st defendant died. Accordingly defendants 2 to 4/appellants 2 to 4 were recorded as the LR of the 1st defendant. Apart from that additional 5th appellant also impleaded as LRs of the 1st defendant.
(3.) Heard the learned counsel on both sides. Perused the verdict under challenge and the decisions placed by both sides.