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2024 Supreme(SC) 558

C. T. RAVIKUMAR, S. V. N. BHATTI
Thankamma George – Appellant
Versus
Lilly Thomas – Respondent


Advocates appeared:
For the Appellant(s) : Mr. V. Chitambaresh, Sr. Adv. Mr. Vipin Nair, AOR Mr. Nikhil Menon, Adv. Ms. M.B. Ramya, Adv. Mr. Karthik Jayashankar, Adv. Mr. Mohd Aman Alam, Adv. Mr. Govind Venugopal, Adv. Mr. P.B. Sashaankh, Adv.
For the Respondent(s): Mr. Radha Shyam Jena, AOR

JUDGMENT :

S.V.N. Bhatti, J.

I. Factual Matrix

1. Thankamma George/Appellant, and Lilly Thomas/Respondent No. 1, are sisters, and the daughters of one late George. P.M. Thomas/Respondent No. 2 is the husband of Respondent No. 1. The Appellant filed O.S. No. 139 of 2011 dated 11.05.2011 before the Court of Senior Civil Judge, Pathanamthitta for the relief of declaration that the Appellant is the sole title holder of the suit schedule property and for recovery of possession from the Respondents. The Appellant prayed that she be declared as the exclusive and sole owner of one-half of the plaint schedule property, sale deed no. 345/2008 dated 16.04.2008 (Ex. A-5) of Enathu Sub-Registrar office as void ab initio, for consequential relief of perpetual injunction restraining the Respondents from alienating and from encumbering the suit schedule property in any manner. The frame of the suit is for more than one relief and the suit schedule consists of an extent of 8.47 ares (1013 sq. yds.) in Re-Sy. No. 216/6, Block No. 19 of Village Ezhamkulam. The suit schedule reads thus:

    "8.47 Ares of land to the South and West of the North Eastern 3.03 Ares in 11.50 Ares in Re-Sy. No.216/6 of Block No.19,

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