IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

FRIDAY, THE 20^TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947 RSA NO. 243 OF 2012 AGAINST THE JUDGMENT AND DECREE DATED 12.08.2011 IN A.S.NO.105 OF 2008 OF III ADDITIONAL SUB COURT, KOZHIKODE ARISING OUT OF THE JUDGMENT AND DECREE DATED 05.04.2008 IN O.S.NO.175 OF 2006 OF PRINCIPAL MUNSIFF COURT-I KOZHIKODE.

APPELLANTS/RESPONDENTS/DEFENDANTS:

1 LOHITHAKSHAN, S/O.APPUTTY, PURUTHOLI POYILIL HOUSE, KANNANKARA AMSOM DESOM, KOZHIKODE.

2 BINISH, S/O.LOHITHAKSHAN, RESIDING IN DO. DO. DO.

3 BIGISH, S/O. DO . IN DO. DO. DO.

BY ADVS.

SRI.P.B.KRISHNAN (SR.)

SRI.N.AJITH SMT.GEETHA P.MENON SRI.P.B.SUBRAMANYAN RESPONDENT / APPELLANT/PLAINTIF F :

BILATHIYIL PREMAN, S/O.CHANDUKUTTY, BILATHIYIL HOUSE, KANNANKARA.P.O, AMSOM DESOM, KOZHIKODE TALUK, PIN-673616.

BY ADVS.

SRI.ARJUN SREEDHAR SRI.P.S.SREEDHARAN PILLAI THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

R.S.A.No.243 of 2012 --------------------------------------------

Dated this the 20^th day of February, 2026 JUDGMENT It is reported that the sol