JUDGMENT :

R.S.A.No.895 of 2020 has been filed under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure, challenging the decree and judgment in A.S.No.153/2016 dated 10.11.2020 on the files of District Court, Kottayam arose out of the judgment and decree in O.S.No.520/2014 dated 10.06.2016 on the files of the Munsiff Court, Kottayam. The appellant herein is Sri C.D.Varghese, the 2nd plaintiff in O.S.No.520/2014.

2. The respondents are the sole defendant as well as the 1st plaintiff.

3. Sri C.D.Varghese, who is the 2nd defendant in O.S.No.565/2014, has filed R.S.A.No.835/2020 challenging the decree and judgment in A.S.No.154/2016 dated 10.11.2020 on the files of District Court, Kottayam arose out of the judgment and decree in O.S.No.565/2014 dated 10.06.2016 on the files of the Munsiff Court, Kottayam.

4. Heard the learned counsel for the appellant/C.D.Varghese as well as the learned counsel appearing for the 1st respondent/Joseph Mani.

5. I shall refer the parties in this appeal as ‘C.D.Varghese & another.’ and ‘Joseph Mani’ hereafter for convenience.

6. Perused the judgments under challenge, the documents and precedents placed by the learned counsel for C.D Varghese