(1) Can the successful party in the outcome in a suit, appeal against an adverse finding in the suit?

(2) Can the acts complained of in this suit, come under public nuisance for complying with the mandatory procedure under Section 91 CPC?

2. Challenging the dismissal of O.S.No.724 of 2010 of the Munsiff’s Court, Kollam by the 1st Additional District Court, Kollam, through the judgment and decree in A.S.No.16 of 2013, the plaintiffs have come up with this Regular Second Appeal.

3. Initially, O.S.No.724 of 2010 was decreed by the Munsiff’s Court, Kollam. The 1st defendant in the suit challenged the judgment and decree through A.S.No.16 of 2013. The lower appellate court allowed the appeal by setting aside the judgment and decree passed by the Munsiff’s Court, and dismissing the suit. Plaintiffs 1 and 2 are husband and wife. The 3rd plaintiff is their daughter.

4. According to the plaintiffs, plaintiffs 1 and 2 purchased plaint A schedule property in the year 1985 through three Sale Deeds from the 2nd defendant. In the year 1993, plaintiffs 1 and 2 settled the plaint A schedule property in favour of the 3rd plaintiff through Exhibit-A1 Settlement Deed. When a mistake in the Surv