The above appeal has been filed by the additional 5th defendant in O.S.No.395/87 on the file of the Munsiff’s Court, Attingal. That suit was one for declaration and partition filed by the 3rd respondent as plaintiff. That suit was tried along with another suit, O.S.No.146/91 filed by the present appellant as plaintiff in which a decree of injunction was claimed. Though the appellant herein was not made a party in O.S.No.395/87, she got herself impleaded as additional 5th defendant and resisted the suit claim for declaration and partition. In the two suits identical issues arose for adjudication and a joint trial of the cases was proceeded with. Suffice to state, after trail, on the materials placed by both sides, a decree was granted in O.S.No.395/87 declaring one half right of the plaintiff (3rd respondent in the present appeal) over the plaint property, allowing him to have separate possession of his share moving an application for passing a final decree. Suit filed by the appellant as plaintiff (O.S.No.146/91) for a decree of injunction, was dismissed under the common judgment rendered by the trail court, disposing the two suits. As against the dismissal of her suit O.