KOLAPPA PILLAI Vs. VADIVULEKSHMI

JUDGEMENT

(1.) The defendants in a suit i.e., O.S. No. 316/1982 in the Court of the Subordinate Judge, Thiruvananthapuram are the appellants herein. In this appeal, the challenge is against the judgment dated 5-3-1998 of this Court in A.S. No. 121 of 1994. The prayer of the appellants herein is to set aside the above mentioned judgment dated 5-3-1998 and to restore the revised preliminary judgment and decree dated 30-1-1993 in O.S. No. 316 of 1982. According to the appellants, the judgment of this Court in A.S. No. 121 of 1994 is illegal, arbitrary and perverse since the above judgment of this. Court was passed without jurisdiction as the same was against the judgment of this Court in A.S. No. 273 of 1984 whereby the case was remanded to the trial court for a revised judgment in the light of the observations and findings entered into by this Court in that judgment. According to the appellants, the revised preliminary judgment and decree passed by the trial court is fully in terms of the remand order passed by this Court in A.S. No. 273 of 1984 and hence the revised preliminary judgment and decree passed by the trial court has to be restored and the judgment of the learned Single Judge in A.S. No. 121 of 1994 is to be set aside.

(2.) The suit is for partition filed by the respondents herein. At the time of filing the suit, originally there was only one defendant who is the first appellant herein. The second appellant herein was impleaded as the second defendant in the suit on the strength of the judgment of this Court in A.S. No. 273 of 1984.

(3.) The plaint averments are as follows: