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2003 Supreme(Ker) 681

R.BHASKARAN
Sarala – Appellant
Versus
The Little Flower Mission – Respondent


Judgment :-

R. Bhaskaran, J.

In S.A.No.181 of 1992, the appellants are the plaintiffs in O.S.No.432 of 1982 on the file of the Munsiff’s Court, Alappuzha. In S.A.No.184 of 1992, the appellants are the defendants in O.S.No.997 of 1992 on the file of the same court. While O.S.No.432 of 1982 was filed for declaration of title and injunction, O.S.No.997 of 1982 was filed by the defendant in the earlier suit for recovery of possession on the strength of title. Both the courts below decreed the suit in respect of item 2 of plaint schedule property in O.S.No.997 of 1982 and allowed the prayer for recovery of possession. The other suit was dismissed concurrently. Since the dispute relates to the same property it is sufficient if the facts in O.S.No.997 of 1982 is stated and the result of the other suit will depend upon the discussion and result in O.S.No.997 of 1982.

2. O.S.No.997 of 1982 is filed by the Little Flower Roman Catholic Church. According to the plaintiff, plaint item 1 is in the exclusive possession of the plaintiff. Plaint item 2 is having an extent of 12.5 cents and is in the possession of the defendant. It is unauthorized and unlawful. The suit is filed for declaration of tit


























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