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2004 Supreme(Ker) 478

R.BHASKARAN
Kuttappan Achari – Appellant
Versus
State of Kerala – Respondent


Judgment :-

R. Bhaskaran, J.

This appeal is filed by the plaintiff in O.S.No.570 of 1987 on the file of the Additional Subordinate Judge’s Court, Kottayam. The suit was for declaration of title over plaint schedule movables and recovery of possession of the same from the 3rd defendant or for realization of its present value from defendants 1 and 2.

2. The plaintiff is the Proprietor of Govinda Jewellery, Kayamkulam. He is also an active member of the All Kerala Gold and Silver Merchants Association. It is stated in the plaint that on 18.9.1981 he was taken into custody by the 2nd defendant from his business premises without any arrest warrant. It is also stated that the moment the plaintiff entered in the Changanacherry Police Station the 2nd defendant without even putting a question slapped the plaintiff on his checks with the palm of his hand and pointing to the 4th defendant behind the bar, threatened the plaintiff that his place also will be there unless the plaintiff would make available some gold ornaments alleged to have been stolen by the 4th defendant. The plaintiff denied having received any gold or gold ornaments from the 4th defendant. The 2nd defendant stated in the pres

































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