V.VISWANATH KAMATH Vs. V.BALAKRISHNA KAMATH

JUDGEMENT

(1.) RSA No.835 of 2017 arises from the decree and judgment in OS 202/2012 of the Principal Munsiff's Court, Kochi, as affirmed in AS 25/2015 of the Subordinate Judge's Court, Kochi. The suit is essentially one for mandatory injunction to vacate plaint 'C' schedule, which is a portion of the building in the 'A' schedule property, and for a mandatory injunction to execute documents necessary to effect transfer of the plaint 'B' schedule shares, debentures, etc. A counter claim was raised by the defendant seeking similar relief against the plaintiff in respect of the shares and debentures. The suit and the counter claim were decreed by the trial court. The decree was affirmed in appeal. The sole defendant is in appeal. The appeal is confined to the dispute over the 'C' schedule.

(2.) RFA No.122/2020 arises from OS 27/2016 of the Subordinate Judge's Court, Kochi, which was later transferred to the Principal Subordinate Judge's Court, Ernakulam, and re-numbered as OS 77/2019. The suit was instituted by the defendant in OS 202/2012, seeking partition of the plaint 'A' schedule (including the 'C' schedule therein) described in OS 202/2012. The trial court passed a preliminary decree for partition against which defendants 1 and 2 who are the plaintiffs in OS 202/2012 are in appeal.

(3.) For the sake of convenience the parties are hereinafter referred to as per their status in OS 202/2012; so also is the reference made to the plaint schedule descriptions and the exhibits.