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1996 Supreme(SC) 2046

G.T.NANAVATI, K.RAMASWAMY
Nellikkottu Kolleriyil Madhavi – Appellant
Versus
Kavakkalathil Kalikutty – Respondent


ORDER

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment and decree of the Kerala High Court dated May 24, 1993, made in SA No. 368 of 1989. The respondents had purchased the Plaint Schedule property in execution of the decrees in OS No. 262/1955 on the file of the Court of the District Munsiff, Parappanangadi. The sale certificate, Exh.A-2 dated January 28, 1958 was given to the respondents. They had also filed an application for delivery of possession of the property which had come to be delivered under Ex.A-3 dated 21.7.1961. After taking delivery of the possession on October 20, 1961, they assigned the Plaint Schedule property to the plaintiff. Under those circumstances, the question arises : whether they are entitled to a decree of perpetual injunction restraining the appellant from interfering with his possession ? Though the trial Court and the appellate Court had accepted the case of the appellant, the High Court has pointed out that aforesaid documents are material for deciding the controversy and the courts below had not considered those documents in proper perspective. Accordingly, in second appeal, the High



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