HIGH COURT OF KERALA
N.ANIL KUMAR, J
MANDALAPPURATH PUSHPA @ PUSHPALATHA – Appellant
Versus
POOKKOTTU MAMMILI THANANCHERY VENGILERI KOUMUDI AMMA, – Respondent
JUDGMENT
This R.S.A. is directed against the judgment and decree dated 29.5.2020 in A.S.No.5/2019 on the file of the Sub Court, Koyilandy (hereinafter referred to as 'the first appellate court') which arose out of the judgment and decree dated 08.08.2018 in O.S.No.99/2015 on the file of the Munsiff's Court, Perambra (hereinafter referred to as 'the trial court'). The appellants are the defendants 1 and 2 and respondents are the plaintiff and defendants 3 and 4 in O.S.No.99/2015. The parties are hereinafter referred to as the plaintiff and defendants according to their status in O.S.No.99/2015 unless otherwise stated.
2. The suit was filed by the plaintiff for fixation of boundary and permanent prohibitory injunction. The allegation in the plaint is that the plaint schedule property is in the ownership of the plaintiff and her children. As per the Final Decree I.A.No.87/65 in O.S.No.515/51 of the Munsiff's Court, Payyoli, the property including the plaint schedule property is set apart to Kalyani Amma. The legal heirs of Kalyani Amma filed O.S.No.41/1984 before the Munsiff's Court, Perambra seeking partition. Thereafter, FDIA 824/1987 was filed for passing a final decree. As per the
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