MOHAMMED MYTHEEN Vs. DEVARAJ

JUDGEMENT

(1.) This Civil Revision Petition challenges the order passed by the learned Additional District Judge, Kuzhithurai in I.A.No.6 of 2021 in O.S.No.61 of 2019 dtd. 19/12/2022.

(2.) O.S.No.61 of 2019 is a suit presented for declaration of title and for possession of the plaintiffs and the fourth defendant over the suit schedule mentioned property and for the consequential relief of injunction restraining the defendants 1 to 3 from interfering with the peaceful possession and enjoyment of the plaintiffs and the fourth defendant.

(3.) The case of the plaintiffs is that the suit schedule mentioned property originally belonged to Mukkadu Veedu of Somasimangalam Desom, Vilavancode Taluk, Kanyakumari District. One Sundaresan Nair of the said Mukkadu Veedu, who had acquired title to the suit schedule mentioned property, executed a mortgage in favour of one Ponnumuthu Nadar in Document No.5391/1956. On and from that date, Ponnumuthu Nadar took possession of the suit property. The said Ponnumuthu Nadar assigned his right acquired under the aforesaid document in favour of 3 brothers, namely,