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2001 Supreme(Ker) 613

K.A.MOHAMMED SHAFI
Raman Pillai Krishnan Pillai – Appellant
Versus
Kumaran Parameswaran – Respondent


Judgment :-

K.A. Mohamed Shafi, J.

The plaintiffs in O.S. No.14/1972 on the file of the Munsiff"s Court. Nayyattinkara are the appellants.

2. The suit originally filed by the plaintiffs was for permanent prohibitory injunction. Subsequently after the defendants filed written statement, the suit was amended claiming declaration of title and recovery of possession. Originally the suit was dismissed by the trial court by judgment dated 4.7.1974. In A.S. 438/74 preferred by the plaintiffs the appellate court set aside the decree and judgment and remanded the case to the trial court for fresh disposal. Again the suit was dismissed by the trial court by judgment dated 30.11.1987. The plaintiffs again took up the matter in appeal and by judgment dated 16.1.1980 in A.S. 69/78 the appellate court set aside the decree and judgment passed by the trial court and remanded the suit for fresh diposal after giving an opportunity to the plaintiffs to take out a commission to identify the plaint schedule property. Subsequently the trial court by judgment dated 30.9. 1982 decreed the suit declaring the plaintiff 's title to and possession of the plaint schedule property except the house in which the 3r

















































































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