J U D G M E N T:-

OP(C).No.3019 of 2014

2. The petitioners herein are the plaintiffs in O.S. 393 of 2012 on the file of Munsiff's Court, Aluva. Earlier, the first petitioner/plaintiff had filed O.S. No.279/2011 before the Munsiff Court, Aluva against the same defendants for an injunction to restrain from selling the property, which is allegedly bequeathed to the first petitioner/first plaintiff by late Paulose @ Paul. In the said suit, the defendants are the brothers of late Paulose @ Paul, who died unmarried. The contention raised by the first petitioner/ first plaintiff is to the effect that he is the illegitimate son of late Paulose born through the second petitioner/second plaintiff. It is later that the plaintiffs have filed the present suit, O.S. 393 of 2012 on the file of the Munsiff Court, Aluva seeking a declaration that the above said late Paulose (son of Cheria), is the biological father of first plaintiff born through the second plaintiff. It appears that late Paulose was unmarried and he had siblings. Ext. P1 is the copy of the plaint in O.S.393 of 2012. Later, the plaintiffs had filed Ext.P2 I.A. No.1708 of 2014 in O.S. No.393 of 2012 praying for a direction to the tri