JUDGMENT

Dated this the 6th day of November, 2023

This second appeal has been filed under Section 100 and Order XLII Rules 1 and 2 of the Code of Civil Procedure (for short, ‘the C.P.C.’ hereinafter), challenging decree and judgment in A.S.No.9/2014 on the files of the Principal District Court, Alappuzha, dated 15.3.2018, arising out of decree and judgment in O.S.No.107/2011 on the files of the Sub Court, Alappuzha, dated 31.10.2013. This appeal is at the instance of the 5th defendant in the original suit, who is the appellant in A.S.No.9/2014.

2. Respondents are the sole plaintiff as well as other defendants.

3. Heard the learned counsel for the appellant/5th defendant and the learned counsel appearing for the 1st respondent/plaintiff.

4. I shall refer the parties in this appeal as ‘plaintiff’ and ‘5th defendant’ for convenience.

5. Plaint averments in brief as under:

The case put up by the plaintiff before the trial court is that, one Vasudevan was the owner in possession of 1.05 Acres of Garden land and a building, having six shop rooms, comprised in Sy.No.596/4C, 596/4D and 596/5C of Alappuzha West Village. Out of the said extent of land, Vasudevan executed Settlement deed N