31.03.1997 rendered by the Principal Munsiff’s Court, Neyyattinkara in O.S.No.367/1980, which is the suit for partition. It is stated that on 31.03.1997, the Munsiff Court have passed Ext.P-2 final order and Ext.P-3 final decree in the said O.S duly allotting the subject property to the petitioners, in terms of the plan produced thereto as Ext.C7(a) therein. The said suit was filed by the father, mother and elder brother of the petitioner. Later, after the death of the parents, the petitioners have been brought on record as the legal representatives of the deceased plaintiffs. The 3rd respondent, who is the 18th defendant in the said suit had filed appeal suit A.S.No.190/1997 before the First Appellate Court, Neyyattinkara, challenging the final decree in the said O.S on the ground that the Commission had allotted the plot for the plaintiff including the building owned by him. By Ext.P-4 judgment dated 26.03.2004, the First Appellate Court, Neyyattinkara had dismissed the said A.S.190/1997. However, that there is a finding in Ext.P-4 Appellate Judgment that as per the Commission Report, the building in question belongs to the 18th defendant and that a pathway has been provided from the common pathway from the said plot and also entered into a finding that no building is seen allotted to the plaintiff in the final decree and had thus dismissed the appeal. It is pointed out that the said findings regarding the building that is said to belong to the 18th defendant does not in any manner concern the share
