P. KUNHIPPENNU Vs. P. V. PADMANABHAN,

JUDGEMENT

(1.) The defendants, except defendant nos.3 and 9 in the suit O.S.No.294/1997 of the Munsiff's Court, Parappanangadi, are the appellants herein. Defendants 3 and 9, who were not available at the time of filing the second appeal, are made respondent nos.2 and 3 in this appeal. The plaintiff in the suit is the 1st respondent. The judgment and decree of the Munsiff Court, Parappanangadi, in O.S.No.294 of 1997, as confirmed by the first appellate Court (Sub Court, Manjeri) in A.S.No.6 of 2010, is under challenge herein.

(2.) The plaintiff in the suit, O.S.No.294 of 1997 (1st respondent herein), sought for a declaration that the decree passed in an earlier suit for partition - O.S.No.143 of 1974, of the Munsiff's Court, Parappanangadi - is not binding on the plaintiff or the plaint schedule property. He also sought for a consequential injunction restraining the defendants from interfering with his possession of the plaint schedule property in purported execution of the said decree. As indicated earlier, the suit was decreed. The challenge carried therefrom was also dismissed and the defendants above referred are in appeal before this Court.

(3.) Heard the learned Senior counsel for the appellant and the learned counsel for the respondents. Perused the records.