JUDGMENT

Dated this the 1^st day of February, 2024 This appeal is at the instance of the 5^th defendant/9^th respondent in Final Decree Application No.1532/1999 (for short, ‘F.D.I.A.’ hereinafter) in O.S.No.256/1967. He assails final decree and judgment in F.D.I.A.No.1532/1999 and also decree and judgment in A.S.No.145/2009 on the files of the Additional District Court, Mavelikkara.

2. Heard the learned counsel for the 5^th defendant/appellant, additional respondents 11 and 12, who are the legal heirs of the 6^th respondent/12^th defendant. No others appeared on notice.

3. At the time of admission, as per order, dated 26.2.2018, this Court raised the following substantial questions of law:

1. Have not the courts below gone wrong in making allotment of plot "CYEZ" demarcated by the Taluk Surveyor without any reference in the Commissioner's report/Ext.C1(b) in support of the same ?

2. Can the court independently admit the Surveyor's plan in evidence under Order 26 Rule 10 CPC without any reference in the Commissioner's report?

3. Have not the courts below gone wrong in carving out a portion of the plaint schedule property from the rest, and leave it unallotted without specifying any reasons ?

4.