IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 RSA NO. 595 OF 2005 AGAINST THE JUDGMENT AND DECREE DATED 18.11.2004 IN AS NO.155 OF 2002 OF I ADDITIONAL DISTRICT COURT,PALAKKAD ARISING OUT OF THE JUDGMENT DATED 27.02.2002 IN OS NO.344 OF 1996 OF MUNSIFF COURT, CHITTUR APPELLANT/RESPONDENT/PLAINTIFF:

SHEIK MUSTHAFA S/O.UDUMAN ROWTHR, MANCHIRA, MUTHALAMADA VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT.

BY ADVS.

SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS/APPELLANTS/DEFENDANTS:

1 THANKA W/O KESAVAN, NELLIPARAMBIL CHAMBRAKULAM AMSOM, KOTTAYI, ALATHUR TALUK, PALAKKAD DISTRICT.

2 MOHANDAS S/O. KESAVAN NELLIPARAMBIL CHAMBRAKULAM AMSOM, KOTTAYI, ALATHUR TALUK, PALAKKAD DISTRICT.

BY ADVS.

SRI.T.C.SURESH MENON THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 28.05.2024, THE COURT ON 03.06.2024, DELIVERED THE FOLLOWING:

J U D G M E N T Dated this the 3^rd day of June, 2024 This Second Appeal has been preferred by the respondent in AS No.155/2002 on the file of District Court, Palakkad, who is the plaintiff in OS. No.344/1996 on the file of Munsiff Court, Chittur, against the judgment and decree allowing