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2017 Supreme(SC) 367

R.K.AGRAWAL, A.M.SAPRE
Velayudhan – Appellant
Versus
Mohammedkutty – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1) This appeal is filed by the defendants against the final judgment and order dated 08.03.2006 passed by the High Court of Kerala in S.A. No.180 & 475/1992 whereby the High Court allowed the second appeals filed by the plaintiffs-respondents herein and set aside the judgment and decree dated 26.07.1991 of the Subordinate Judge, Tirur in A.S. Nos. 83 & 84 of 1988 and restored the judgment dated 30.09.1988 of the Munsif of Parappanangadi in O.S. No. 177 of 1983.

2) We need not burden our judgment by mentioning the facts in detail except to the extent necessary to appreciate the issue involved in the appeal.

3) The appellants herein are the defendants whereas the respondents are the plaintiffs in a suit out of which this appeal arises.

4) The respondents filed a civil suit in relation to the suit land as described in detail in schedule to the plaint against the appellants before the Munsif of Parappanangadi. The Munsif Court decreed the respondents’ suit against the appellants and passed the decree as prayed by the plaintiffs.

5) The defendants, felt aggrieved, filed the first appeals before the Subordinate Judge Tirur. The first appellate Court allowe





















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