K SWAMINATHAN AND ORS Vs. P SIVATHANU PILLAI

JUDGEMENT

(1.) This second appeal is focussed by the plaintiffs challenging the judgment and decree dated 11.08.2010 passed in A.S.No.15 of 2009 on the file of the District Judge, Kanyakumari at Nagercoil, in confirming the fair and decreetal order dated 06.03.2009 passed in I.A.No.83of 2006 in O.S.No.169 of 2005 on the file of the Principal Subordinate Judge, Nagercoil.

(2.) The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

(3.) Avoiding discursive detailing and delineation, the long and short of the germane facts absolutely necessary for the disposal of this second appeal would run thus: The plaintiff filed the suit seeking the following reliefs: "A) A decree for declaration declaring that the plaintiffs are the absolute owner having right, title over the entire plaint schedule property and for recovery of the southern 1/2 portion of the plaint schedule property ('B' schedule property) from the defendants 1 to 3 and their family members tenants and sub tenants and others claimed under them with future mesne profit at the rate of Rs.2500/- per month. B) A decree for declaration setting aside the judgment and decree in O.S.No.75 of 1993 as null and void and not binding on the plaintiff and the plaint schedule properties. C) An injunction be granted restraining the defendants, their men and agents from alienating encumbering or inducting strangers in the plaint schedule properties prejudicing plaintiffs right and title over the plaint schedule properties."