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1989 Supreme(Ker) 452

VISWANATHA.IYER
George Mirante – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Petitioner has purchased three cents of land in Sy.No.1045/3 of Ernakulam Village from one Sunny Nicholas Louis by the document Ext.P1 dated 30-5-1989. Respondents 3 to 5 are occupying the neighboring 3 cents of land by virtue of kudikidappu right obtained by the 4th respondent's father from Sunny Nicholas Louis. Respondents 3 to 5 were allegedly attempting to trespass into the property now belonging to the petitioner, when the original owner Sunny Nicholas Louis filed suit O.S. No.668 of 1989 in the Mastiffs Court, Ernakulam and obtained an ex parte order of temporary injunction restraining respondents 3 to 5 from trespassing into the property. A copy of the order of injunction is Ext.P2. Despite the injunction, respondents 3 to 5 continued their alleged threat to forcibly occupy the property, whereupon the petitioner, who. Had purchased the property meanwhile, approached the police for necessary help to ward off the threat, as also the Revenue Divisional Officer, Fort Cochin to take appropriate proceedings against respondents 3 to 5. The Revenue Divisional Officer, however, declined jurisdiction by his proceedings Ext.R4 on the ground that the dispute between the part










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