The plaintiff in O.S. No.187 of 2005 on the file of the Sub Court,
Kozhikode, is the appellant. The suit was instituted for a declaration
that the decree passed in O.S. No.170 of 1995 on the file of the Sub
Court, Kozhikode is not binding on the plaintiff or the plaint
schedule property and for a consequential decree of prohibitory
injunction restraining the defendants from interfering with the
plaintiff’s possession of the plaint schedule property under colour
of the said decree or otherwise. The suit having been dismissed by
the trial court by judgment and decree dated 03.11.2010, the
plaintiff has preferred this Regular First Appeal.
The facts relevant to the adjudication are as follows:
