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2025 Supreme(Online)(Ker) 16165

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
P.A. THOMAS (DIED) – Appellant
Versus
M/S.SOUTHERN HOUSING CORPN LTD – Respondent


Advocates:
S.R. DAYANANDA PRABHU, K.S.RAJESH, SRI.K.JAYAKUMAR (SR), SRI.M.SREEKUMAR, SRI.SAJU S.POONTHODATHU, SRI.P.R.VENKATESH, SRI.SUNIL N.SHENOI, SRI.P.VISWANATHAN, SRI.C.S.AJITH PRAKASH, SRI.D.ANIL KUMAR, P.VISWANATHAN (SR.), AJITH VISWANATHAN

JUDGMENT

Dated this the 25th day of March, 2025

R.F.A. No.175 of 2003 has been filed by defendants 1 and 2 and additional defendants 6 to 8 in O.S. No.668/1994 on the files of the Sub Court, Ernakulam, under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 , challenging the decree and judgment in the above case dated 11.12.2002. The respondents herein are the plaintiffs and additional defendants 3 to 5.

2. R.F.A. No.209 of 2003 is also filed challenging the decree and judgment in O.S. No.668/1994, at the instance of additional defendants 3 to 5, arraying the plaintiffs and other defendants as the respondents.

3. Heard the respective senior counsel for the appellants and the learned counsel appearing for the respondents, in detail. Also heard the learned counsel for the additional 9th respondent in I.A. No.1196 of 2005 in R.F.A. No.209 of 2003, who filed I.A. No.1884/2006 in I.A. No.1480/2006 in I.A. No.1221/2003 in R.F.A. No.209 of 2003 and this Court passed order dated 31.07.2006. Perused the verdict under challenge and the records of the trial court and the decisions placed.

4. Parties in these appeals shall be referred with reference to their status before

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