JUDGMENT

Dated this the 14th day of December, 2023

This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.45 of 2018 dated 28.10.2020 on the files of the Court of the Additional District Judge-III, Kasaragod arose from decree and judgment in O.S. No.402 of 2014 dated 25.10.2018 on the files of the Court of the Principal Munsiff, Kasaragod. The appellant herein is the 1st defendant and the respondents are the plaintiff and 2nd defendant in O.S. No. 402 of 2014.

2. Heard the learned counsel for the appellant as well as the learned counsel appearing for the respondents.

3. The parties in this appeal will be referred as plaintiff and defendants relegating their status before the trial court.

4. At the time of admission, my learned predecessor, as per order dated 29.01.2021 admitted this second appeal by formulating the following substantial question of law:

In the light of the assignment proceedings on account of the preferential kumki right of the 1st defendant's father, have not the two courts below gone wrong in dismissing the suit for recovery of possession