EDWIN DAVID Vs. LAWRENCE

JUDGEMENT

(1.) S.A.No.1649 of 2003 has been filed against the judgment and decree passed in A.S.No.208 of 1997, dtd. 07/03/2003 by the Subordinate Court, Padmanabhapuram, confirming the judgment and decree, dtd. 22/07/1997 passed in O.S.No.673 of 1995 by the Additional District Munsif, Eraniel, whereas S.A.No.237 of 2004 has been filed against the judgment and decree passed in A.S.No.140 of 2002, dtd. 22/09/2003 by the District Judge, Kannniyakumari at Nagercoil, reversing the judgment and decree, dtd. 19/10/2001 passed in O.S.No.78 of 1997 by the Subordinate Judge, Padmanabapuram.

(2.) O.S.No.673 of 1995 was filed by one Lawrence and another, for permanent injunction against the defendants 1 to 3. The first defendant is her father, the second defendant is the brother and the third defendant is another sister of the 1st plaintiff. The suit was decreed as prayed for by the plaintiffs. Against which, the defendants filed appeal in A.S.No.208 of 1997 before the Subordinate Court, Padmanabhapuram, but the same was dismissed on 07/03/2003 by confirming the judgment and decree, dtd. 22/07/1997 passed in O.S.No.673 of 1995 by the Additional District Munsif, Eraniel. Against which, S.A No.1649 of 2003 was filed by first defendant as appellant.

(3.) O.S.No.78 of 1997 was filed by Edwin David, the father of the 1st plaintiff in OS No.673 of 1995 with a prayer to cancel the gift deeds, dtd. 17/02/1987 executed in favour of Smt.Lawrence and to declare his title and to deliver the possession and also sought for permanent injunction. The suit was dismissed by the Trial court, dtd. 19/10/2001. Against which, the plaintiff filed an appeal in AS No.140 of 2002, before the District Judge, Kanyakumari @ Nagercoil, which was allowed by the first appellate court, dtd. 22/09/2003 thereby setting aside the judgment and decree of the trial court. Against which, SA No. 237 of 2004 was filed by the defendant in OS No.78 of 1997.