J U D G M E N T

The appellants, who are not the parties to the suit, filed an appeal against the judgment and decree in O.S No.48/2018 on the files of the Additional Sub Court, Kollam. The suit is one for partition and permanent prohibitory injunction. The appellants are the managing trustees of a trust. The appellants claim that they were under bona fide impression that filing of an appeal by co- trustee would suffice the cause. But later found that the co-trustee has challenged the judgment of the trial court in his individual capacity. Further, under Section 13 of the Indian Trusts Act, 1882 , the trustee is bound to protect the trust property. In such circumstances, a separate appeal was preferred with an application to condone the delay of 60 days in filing the appeal. The respondents 1, 2 and 12 filed an objection stating that the trust had filed an interlocutory application as I.A No.3033/2017 to get themselves impleaded in the suit and which was withdrawn on 21.11.2017 and that the appellants filed a separate suit as O.S No.119/2024 before the Sub Court, Thiruvananthapuram, for declaration of title. Respondents 3, 6 and 8 filed a separate objection. The First Appellate Co