JUDGMENT

P.V.BALAKRISHNAN, J

RFA No.443/2018 is filed by the defeated defendants 1 to 5, 7 & 8 challenging the judgment and decree passed in O.S.No.17/2016 by the Sub Court Kasargod. RFA No.445/2018 is filed the non suited plaintiffs 1 to 5, 7 & 8, aggrieved by the judgment and decree passed in O.S.No.20/2015 by the Sub Court, Kasargod.

2. O.S. No. 20/2015 is a suit for partition and O.S.No.17/2016 is a suit for specific performance. Both suits were jointly tried by the trial court, by taking O.S.No.17/2016 as the leading case. The plaintiffs in O.S.No.20/2015 are defendants 1 to 8 in O.S.No.17/2016. Defendants 2 to 5 in O.S.No.20/2015 are the siblings of defendant No.1 and they are not parties in O.S.No.17/2016. The 6th defendant in O.S.No.20/2015 is the husband of the 2nd defendant, and he is is the 9th defendant in O.S.No.17/2016. It is the 2nd defendant in O.S.No.20/2015 who is the plaintiff in O.S.No.17/2016.

3. These suits pertain to a dispute between two branches of a family, one among them being the legal heirs of Sumathi Naik and Sadashiva Naik and other being the legal heirs of Muthakke Alva and Santha Alva.

4. Plaintiff in O.S.No.17/2016 belongs to the branch of Sumathi Naik