IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAMALAKSHY AMMA SARADA AMMA (DIED) – Appellant
Versus
VELAYUDHAN JAYAKUMAR – Respondent
JUDGMENT
1. The appellants are the defendants 1 & 2 in O.S.No.783/1993 of the Munsiff’s Court, Neyyattinkara. Defendants 1 and 2 are mother and son. The facts of the case relevant for this appeal are more or less admitted by the parties.
2. The suit was originally against defendants 1 & 2 for recovery of possession, for putting up the boundaries and injunction with respect to Plaint A schedule property which is ‘KLMNOPCDTSRQJ’ Plot allotted to him as per Ext.A1 Final Decree dated 02/06/1977 in O.S.No.1323/1968 of the same Court for partition. Originally the area was shown as 4.329 cents and later it was amended as 4.322 cents. The plaintiff was the 11th defendant and the defendants 1 & 2 were the defendants 3 & 7 in O.S.No.1323/1968. The defendants 1 & 2 were allotted ‘RSTDEUVW’ as per Ext.A1 Final Decree. Except the plaintiff and the 11th defendant (plaintiff herein), all the other parties in O.S.No.1323/1968 belonged to the Tharavadu of the Defendants 1 & 2 herein. The plaintiff and the 11th defendant in O.S.No.1323/1968 were assignees of the co-owners of the Tharavadu. As per Ext.A1 Final Decree, the property therein having an extent of 14.298 cents identified by the Advocate Comm
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