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2022 Supreme(SC) 638

M. R. SHAH, B. V. NAGARATHNA
Raghavan Sasikumar – Appellant
Versus
Parameswaran Nadar Sathyananadhan Nadar Kanakottu Padippura Veedu – Respondent


Advocates appeared:
For the Appellant(s) :C.N. Sreekumar, Anupama Kumar, Prakash Ranjan Nayak, Advocates
For the Respondent(s): Mr. Jose Abraham, AOR Mr. M.P. Srivignesh, Adv. Mr. Lakshman Raja T., Adv. Mr. Mithun Kumaar N., Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.02.2018 passed by the High Court of Kerala at Ernakulam in Second Appeal No. 39 of 2000 by which the High Court has allowed the said second appeal and has set aside the concurrent findings recorded by both the Courts below and consequently has decreed the Original Suit No. 665 of 1988, the original defendant No. 4 has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:-

2.1 The dispute is with respect to the putting up the boundaries in respect of the B schedule Items 1 and 2. That plaint A Schedule land originally belonged to one Parameswaran Nadar. The original owner - Parameswaran Nadar filed O.S. No. 833 of 1961 before the Court of Munsiff, Neyyattinkara, in which his title to and possession over plaint A schedule land was declared to the extent of 2 acres and 35 cents. Subsequently, the original plaintiffs in the present case filed O.S. No.640 of 1970 for recovery of the buildings situated in plaint A schedule therein. At this stage, it is required to be noted that the first plaintiff is the wife of the original owner - Param

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