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2006 Supreme(SC) 629

LOKESHWAR SINGH PANTA, A.R.LAKSHMANAN
Hamebed (D) By LRs. – Appellant
Versus
Kummothummal Kunhi P. P. Amma (D) by LRs. – Respondent


JUDGMENT

Dr. AR . Lakshmanan, J. — Delay condoned.

Leave granted.

2. Heard Mr. P. Krishnamoorthy, learned Senior Counsel for the appellants and Mr. M.K.S. Menon, learned counsel for the respondents.

3. This appeal is directed against the final order/judgment dated 12.7.2002 in A.S. No.624 of 1994 passed by the High Court of Kerala, whereby the High Court, after setting aside the decree and judgment of the courts below, remanded the matter back to the trial court for reconsideration. The LRs. of 5th defendant are the appellants before us. The respondents filed the suit for recovery of possession on the strength of title of the plaint schedule property from the possession of defendants 4 to 6 and for partition of the same among the tavazhi members and also for prohibitory injunction and damages. The defendants including defendant no.5 resisted the suit contending that the title and possession of the property is with them and if at all the title of the property is found to be with the plaintiffs, the same is lost by adverse possession and limitation. Witnesses were examined on both sides. The contesting defendants produced about 41 documents showing the derivation of title and possession









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