KOSHY KUNJU T.K. Vs. LALITHA S. PILLAI

JUDGEMENT

(1.) The plaintiffs in O.S No.20/2010 on the files of the Sub Court, Thiruvalla, are the appellants. The 1st plaintiff/ 1st appellant herein was transposed as additional 4th respondent during the pendency of this appeal, since he no longer was desirous of prosecuting the matter further and only the 2nd plaintiff is prosecuting the appeal. This court is called upon to test the concurrent findings in a suit for declaration of title of the 2nd appellant/2nd plaintiff instituted by him when faced with a situation where, his property was included in a suit for partition preferred by two daughters of his father from the first wedlock without impleading him as the defendant in the party array.

(2.) as follows:

(3.) On 2/12/2015, the appeal was admitted on the substantial questions of law framed in the memorandum of appeal as follows: