EASWARAN S., J -----------------------------------------------

R.S.A. No.1094 of 2011 ----------------------------------------------- Dated this the 27^th day of January, 2026 JUDGMENT The present appeal arises out of the concurrent findings in O.S.No.609 of 2004 on the files of the Principal Munsiff Court,Kannur as confirmed by the Additional District Court, Thalassery in A.S.No.138 of 2006. The defendants in the suit for injunction have come up in the present appeal contending that in a suit for injunction, the courts below had virtually decided the title.

2. The plaintiff contended that the property orginally belonged to Kunhiraman and his sisters Manikkam, Devaki, Thirumali and Madhavi who purchased the property as per assignment deed No.2165 of 1903 of SRO, Kannur and the property is a Thavazhi property. Kunhiraman died long before the year 1956 and his undivided shares devolved upon other members of the Thavazhi and subsequently O.S.No.14 of 1988 was instituted before the Sub Court, Thalassery. There is a house in the plaint schedule property, where one Asha Pathmanabhan, one of the Thavazhi members was residing and she was a defendant in O.S.No.14 of 1988. The said Asha Pathma