IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Belwin Raj S/o. Siras Benson – Appellant
Versus
Muttayyan – Respondent
JUDGMENT :
Plaintiffs 1 and 2 in O.S.No.1472 of 1995 on the files of the 1st Additional Sub Court, Thiruvananthapuram, have filed R.F.A.No.52/2004, challenging the decree and judgment in the above suit dated 23.07.2003, arraying defendants in the suit as the respondents. In the meanwhile, the 1st defendant died and defendants 2 to 4 were recorded as his legal heirs vide order dated 15.12.2023 in I.A.No.1/2023.
2. R.F.A.No.433/2004 is at the instance of defendants 1 to 4, challenging dismissal of a counter claim on disallowing the prayer for specific performance of agreement for sale. The respondents are the plaintiffs in the above suit. During pendency of this appeal, 1st defendant died. Accordingly defendants 2 to 4/appellants 2 to 4 were recorded as the LR of the 1st defendant. Apart from that additional 5th appellant also impleaded as LRs of the 1st defendant.
3. Heard the learned counsel on both sides. Perused the verdict under challenge and the decisions placed by both sides.
4. In order to have an effective discussion of the case, the parties in these appeals will be referred as to their status before the trial court.
5. Plaintiffs filed suit for declaration of title in respect of
Shrimant Shamrao Suryavanshi and another v. Pralhad Bhairoba Suryavanshi
Sardar Govindrao Mahadik and another v. Devi Sahai and others
Siddalingamma and another v. Mamtha Shenoy
Sampath Kumar v. Ayyakannu and another
Teja Singh v. Ram Prakash Talwar & Ors.
Devisahal Premraj Mahajan v. Govindrao Balwantrao & Ors.
Ram Kumar Agarwal and another v. Thawar Das (dead) through Lrs.
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