JUDGMENT :

This Regular Second Appeal has been filed under Section 100 r/w Order XLII Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short), challenging decree and judgment in A.S.No.47/2020 on the files of the District Court, Kottayam dated 09.06.2023 arising out of the final decree application (hereinafter referred to as 'FDIA', for short) No.459/2009 in O.S.No.262/2006 on the files of the Munsiff Court, Vaikkom dated 11.03.2019. The appellant herein is the first defendant/first respondent in FDIA No.459/2006 and the appellant in A.S.No.47/2020. The respondents herein are defendants 2 and 3 and plaintiffs in the original suit.

2. Heard the learned counsel for the appellant. Perused the judgments under challenge.

3. I shall refer the parties in this regular second appeal as 'plaintiff' and 'defendant' for convenience.

4. In this matter, suit for partition was filed and accordingly, preliminary decree of partition was passed on 27.06.2008. As per the preliminary decree, 2/6th shares allotted to the first plaintiff and 1/6th share allotted to the second plaintiff. Pursuant to the preliminary decree, plaintiffs 1 and 2 filed FDIA, for which the first re