IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 5^TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 RSA NO. 838 OF 2020 AGAINST THE JUDGMENT AND DECREE DATED 20.12.2019 IN AS 21/2017 ON THE FILE OF THE SUB COURT, ATTINGAL AGAINST THE JUDGMENT AND DECREE DATED 30.06.2017 IN OS NO.115/2013 OF MUNSIFF COURT, ATTINGAL APPELLANT/APPELLANT/DEFENDANT:

RATHEESH AGED 49 YEARS S/O. KARUNAKARAN, RATHEESH FLOWER MART, KILIMANOOR, PAZHAYAKUNNUMMEL PANCHAYATH, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM 695 304 BY ADV K.SIJU RESPONDENT/RESPONDENT/PLAINTIFF:

V.S.MARY AGED 68 YEARS D/O. VELAYUDHAN, S.N.V SADANAM, KILIMANOOR, PAZHAYAKUNNUMMEL VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM 695 304 BY ADV SRI.LATHEESH SEBASTIAN THIS REGULAR SECOND APPEAL HAVING COME UP FOR ORDERS ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CR

JUDGMENT

Dated this the 5^th day of September, 2023 This regular second appeal has been filed under section

100 of the Civil Procedure Code (hereinafter referred to as 'CPC' for short) and the appellant is the defendant in O.S.No.115/2013 on the files of the Munsiff 's Court, Attingal. The appellant is aggrieved by