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2005 Supreme(Guj) 508

A.R.LAKSHMANAN
P. T. Thomas – Appellant
Versus
Thomas Job – Respondent


A. R. LAKSHMANAN, J.

( 1 ) LEAVE granted.

( 2 ) THE above appela is directed against the final order of the High Court of Kerala at Ernakulam dated 27. 8. 2003 in CRP No. 1136/2003 allowing the revision petition filed by the respondent herein.

( 3 ) THE appellant and the respondent are brothers, respondent being the elder. They have another brother who is well employed in the United States. The three brothers partitioned the property left behind by their father by metes and bounds. The respondent was running a theatre. A part of theatre fell in the property alloted to the appellant. Since respondent did not vacate and give vacant possession to the appellent, he was constrained to file a suit for a mandatory injunction for removal of the building and so surrender vancant possession. The appellant also prayed for a decree for recovery of possession.

( 4 ) THE appellants suit was decreed as prayed for. When the matter was pending in appeal at the instance of the respondent in the District Court, the dispute was referred to the Lok Adalat constituted under the Legal Services Authorities Act for resolution of the dispute. The matter was settled in the Lok Adalat. The award of the lok Ad



























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