JUDGMENT

Dated this the 31^st day of December, 2024

This appeal is filed against the order dated 27.08.2024 in E.A.No.184 of 2020 in E.P.No.6 of 2019 in O.S.No.36 of 2015 of the Additional Sub Court, Kollam.

Brief facts :

2. Appellants are the additional claim petitioners in E.A.No.184 of 2020 in E.P.No.6 of 2019. The claim petition had been initially filed by their father Augustine Antony. Appellants got impleaded in the claim petition after the demise of their father. Appellants’ father, late Augustine Antony, had in the year 2012 purchased an extent of 5.56 ares of property with a house therein (hereinafter referred to as 'the subject property') from the 2^nd respondent, Augustine Babu. After the purchase, late Augustine Antony had mutated the property into his name. Thereafter at the request of the 2^nd respondent (Augustine Babu), late Augustine Antony had permitted one Sonu Augustine, one of the daughters of the 2^nd respondent, to reside in the property as a tenant. It is the case of the appellants that the 2^nd respondent harbouring malafide motives wanted to take the property back. Towards the said purpose the 2^nd respondent himself filed or at his instance caused to be filed three