JACOB ALEXANDER Vs. ANISH PAUL

JUDGEMENT

(1.) Heard Mrs.J.Anandhavalli, learned counsel appearing for the appellant and Mr.V.Meenakshi Sundaram, learned counsel appearing for the respondent.

(2.) This appeal is filed against the Judgment and Decree passed in A.S.No.50 of 2009 dtd. 12/9/2012 on the file of the learned District Judge, Kanyakumari reversing the decree and Judgment passed in O.S.No.8 of 2007 dtd. 13/10/2009 on the file of the learned Subordinate Judge, Kuzhithurai.

(3.) The appellant herein is the plaintiff and the respondent herein is the defendant in this case. The appellant herein has filed a suit in O.S.No.8 of 2007 before the learned Sub Judge, Kuzhithurai for a prayer of demarcation of northern 8 cents in the eastern 10 cents of the suit property and the plaintiff be allowed to put up a boundary on the western and southern sides through Court. As an alternative prayer, it is prayed that the plaintiff be given a decree for partition of the suit property allotting the northern 8 cents in the eastern 10 cents to the plaintiff in accordance with his possession and the plaintiff be allowed to have separate possession. The Sub Judge, Kuzhithurai has partly decreed the suit for partition alone and the preliminary decree for partition is passed in favour of the plaintiff with regard to 8 cents in the plaint schedule property and the suit was dismissed with regard to the other reliefs. Against which, the respondent herein has filed an appeal in A.S.No.50 of 2009 on the file of the learned District Judge, Kanyakumari and the appellant herein has filed a cross appeal. The learned District Judge, Kanyakumari allowed the appeal and dismissed the cross appeal. Against the decree and Judgment, the appellant has filed this Second appeal.