PALAYYAN Vs. ISRAVEL

JUDGEMENT

(1.) Aggrieved over the judgment and decree of the First Appellate Court dismissing the two appeals filed as against the judgment and decree of the Trial Court in O.S. Nos. 38/1985 and 30/1988, on the file of learned Subordinate Judge, Kuzhithurai, these two second appeals came to be filed.

(2.) S.A. No. 478 of 1997 is filed by the defendants 6, 7, 9,10,14,16,18,19, 21, 23 and 24 in O.S. No. 38 of 1985. S.A. No. 479 of 1997 is filed by the plaintiffs in O.S. No. 30 of 1988. The Trial Court has disposed of O.S. No. 38 of 1985 and O.S. No. 30 of 1988 under a common judgment, dated 09.12.1993. As against which, first appeals also filed in A.S. Nos. 32 and 45 of 1994 before the District Court, Kanyakumari at Nagercoil. The above first appeals also disposed of by a common judgment, dated 25.10.1995. Aggrieved over the same, the present second appeals came to be filed.

(3.) The brief facts leading to filing of this case is as follows:- The plaintiffs in O.S. No. 38 of 1985 filed the suit for partition of the suit property. It is the case of the plaintiffs in O.S. No. 38 of 1985 that the suit property originally is a joint family property and the plaintiffs are entitled to 1/2 share in item Nos. 1 to 5 and 6/33 share in Item No. 6. The above suit property were originally mortgaged and there was a suit for redemption in O.S. No. 665 of 1968. The above suit was decreed and the plaintiffs' right in the above suit was determined and appeal filed as against above suit in A.S.No. 93 of 1972 is also dismissed and the plaintiffs also took possession of the property namely 1/2 share and the remaining 1/2 share belong to the defendants. Since there is no partition, the plaintiffs have filed a suit for partition.