IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941 FAO (RO).No.220 of 2013 AGAINST THE JUDGMENT IN AS 280/2009 of ADDITIONAL DISTRICT COURT, KOZHIKODE-III DATED 27-04-2013 AGAINST THE JUDGMENT IN OS 355/2005 of ADDITIONAL MUNSIFF COURT, KOZHIKODE-II DATED 30-10-2009 APPELLANT/ 2ND RESPONDENT / 2ND PLANTIFF:

T K RAJAGOPALAN AGED 80 YEARS S/O T.R. KRISHNA SWAMI IYYER, HOUSE NO 16/985A, ANNAPURNI KRIPA, FRANCIS ROAD, NAGARAM AMSOM DEOSM, KOZHIKODE TALUK BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENTS / APPELLANT AND RESPONDENTS 1,3 TO 8 / FIRST DEFENDANT AND PLAINTIFFS 1 AND 3, DEFENDANTS 2 TO 6:

1 T RANJITH KUMAR AGED 47 YEARS S/O ACHUTHA KURUP, GEETHANJALI, CHUYLLIYOD, P.O.CIVIL STATION, NEDUNGOTTUR AMSOM DEOSM, KOZHIKODE TALUK 679332

2 T.K. RAMAMOORTHY AGED 83 YEARS S/O T.R KRISHNA SWAMI IYYER, RESIDING AT NO 5, VIKAS, 15TH ROAD, CHEMBUR, BOMBAY 400071 *DIED LR IMPLEADED

2.1 ANNAPURNA NARAYANMOORTHY D/O LATE T K RAMAMOORTHY, NO.5, KALPATHARU, GHTAPTA VILLAGE ROAD, 2ND FLOOR, CHEMBUR, MUMBAI-400071.

3 T.K JANAKI (LEGAL HEIR)

D/O KRISHNA SWAMI IYYER, SKANDANILAYAM, BAJANAKOIL, WEST LANE, CHALAPURAM, KASABA AMSOM DESOM, KOZHIKODE TALUK 673002 *DIED LR IMPLEADED

3.1 MR.T K RANGANADHAN RESIDING AT SKANDANILAYAM, BAJANAKOIL, WEST LANE, CHALAPURAM, KASABA AMSOM DESOM, KOZHIKODE TALUK.

4 T.K. VENKITESWARN S/O KRISHNA SWAMI IYER, HOUSE, NO 4, VIJAYA HOUSE, STATION ROAD, VIKHROLI (W) MUMBAI 400083

5 T.K. RAJU @ RAJAN S/O KRISHNA SWAMI IYYER, C-5 HASARI BAGH, 3RD FLOOR, LBS, MARG VIKROLI (W) MUMBAI 400083

6 T.K. INDIRA D/O KRISHNA SWAMI IYYER, VIKROLI, MUMBAI 400083

7 T.K. THANKAM D/O KRISHNA SWAMI IYYER, PUTHANATH MADOM, THURAVOOR NORTH P.O, VIA SHERALAI, ALLEPPEY DISTRICT 688532

8 T.K. LALITHA D/O KRISHNA SWAMI IYYER, DISCIPLE OF PRAJA PITHAR BRAHMAKUMARI, 1/3/9, VOLLAIKULAM, IST STREET, ARKONAM 631001, TAMIL NADU (LEGAL HEIRS OF DECEASED R2 AND R3 ARE IMPLEADED VIDE ORDER DATED 24/10/2018 IN IA.NO.24/2016 AND IA.NO.18/2016 RESPECTIVELY)

BY ADVS.

SRI.P.A.HARISH SRI.V.V.SURENDRAN SRI.ARAVIND THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING BEEN FINALLY HEARD ON 05.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The 2^nd plaintiff in a suit for declaration of title and prohibitory injunction is the appellant. He challenges the order of remand by the first appellate court.

2. The plaint schedule consists of two items of properties; Item No.1, having an extent of 85.65 ares, described to be situated in Sy.No.110/3, 4, 5, 6 and 7 and item No.2, having an extent of 15.50 ares, stated to be situated in Sy.No.110/1, 3, 4, 6 and 7. Along with the plaint, an Annexure is given including two items of properties. According to the plaintiff, plaint schedule item Nos.1 and 2, along with the properties mentioned in the Annexure, belonged to late T.R.Krishnaswamy Iyer, the predecessor-in-interest of the plaintiffs and defendants 2 to 6, as per Ext.A1 kanam deed of the year 1944. The kanam was renewed in the year 1946 as per Ext.A2. Subsequently, Ext.A3 purchase certificate was obtained in the joint names of the plaintiffs and defendants 2 to 6. Thus, they claim title over the plaint schedule property and the property mentioned in the Annexure. The property of the 1^st defendant is situated on the north-eastern side of the plaintiff's property. According to the plaintiff, the 1^st defendant's property is separated by a mud wall, having a height of 2 ft. Alleging that the 1^st defendant trespassed into the plaintiff's property and erected two pillars, the suit is filed.

3. The 1^st defendant contended that the pillars were erected in the property of the defendant. It is further contended that the property in Sy.No.110/4 claimed in the plaint do not belong to the plaintiff. The 1^st defendant raise a claim that the property situated in Sy.No.110/2 and 110/4 belonged to him as per Exts.B1 and B2 documents.

4. Thus, it is evident that the dispute centers around the pro