JUDGMENT :

The plaintiff in O.S.No.197 of 2013 before the Sub Court, Kozhikode is the appellant. She filed the suit for declaration, injunction; both mandatory and prohibitory and damages for use and occupation. The suit was decreed as per the judgment dated 24.09.2014, except in regard to the claim for damages. The 1st defendant preferred A.S.No.166 of 2014 before the District Court, Kozhikode. The plaintiff preferred a cross objection. The appeal and the cross objection were disposed of as per a common judgment dated 22.03.2016. The appeal was allowed and the cross objection was dismissed. Resultantly, the original suit stands dismissed. Aggrieved thereby the plaintiff filed this second appeal under Section 100 of the Code of Civil Procedure, 1908.

2. The appeal was admitted on 01.09.2016 on the following substantial questions of law:

i) Whether the lower appellate court is justified in acting on Ext.A4 document as genuine when it is attested by a notary unaccompanied by a certificate and attestation of the same by another notary unaccompanied by certificate and when it is not an act contemplated under the Notaries Act?

ii. Whether the lower appellate court was justified in dismissin