SADANANDAN NAIR Vs. SREE PERUMANPURA DEVASWOM

JUDGEMENT

(1.) This appeal is preferred by 1st defendant in a suit for permanent prohibitory injunction, with an alternative prayer for recovery of possession of the property on the strength of title. The plaintiff Devaswom represented by its Manager is the contesting respondent.

(2.) Pending appeal, the sole appellant died. Interlocutory applications have been filed to condone delay in filing an application to set aside the abatement and to file an application for impleading the legal representatives. The plaintiff/respondent opposed the application on the ground that only one affidavit is filed in support of three applications, which is not permitted by law. Considering the fact that the suit is of the year 1986, and the second appeal was filed in 1996, notwithstanding the shortcomings in the procedural aspects, I allow the petitions and supplemental appellants 2 and 3 are impleaded. Regarding propriety of the proceedings, I shall deal with in the following paragraphs.

(3.) Shorn off unnecessary details, the relevant facts for disposal of the appeal are as follows: