JUDGMENT

This R.S.A has been filed against the judgment and decree in A.S.No.26 of 2013 on the file of III Additional District Court, Kasaragod which in turn arise out of the judgment and decree in O.S.No.91/2011 on the file of Sub Court, Kasaragod.

2. Appellants are the defendants 1, 2, 4 and 8 to 10. Respondents are plaintiff No.2 and defendants 5 to 7, 11 and 12. The suit has been filed for declaration. First plaintiff died pending the proceedings. Plaintiffs’ case is that plaint A schedule property originally belonged to the joint family of the plaintiffs. That property, along with other properties, were allotted to the branch of the first plaintiff and his father, as per registered partition deed of the year 1952. On the death of father, first plaintiff became the absolute owner in possession of plaint A schedule property.

Thereafter, he gifted the property in favour of the second plaintiff as per settlement deed of the year 2009. Accordingly, 2nd plaintiff became the absolute owner of plaint A schedule property. First defendant made publications in two dailies on 02.07.2010 and 03.07.2010 that plaint A schedule property belongs to the first defendant society and nobody else has