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1992 Supreme(Ker) 350

MOHAMMED
Vasudeva Prabhu – Appellant
Versus
Madhava Prabhu – Respondent


Judgment :-

This Second Appeal arises from a suit for mandatory injunction. The plaintiffs 1, 2, 4 and 5 are the appellants. Fifth respondent in the appeal is third plaintiff. The respondents 1 to 4 are the defendants. The trial court granted a decree directing the defendants "to dismantle and remove closed portions of two gates in the compound wails and restore B schedule pathway to its original position". In the appeal by the defendants, the above decree was reversed and suit was accordingly dismissed. Hence this second appeal.

2. The facts are summarized briefly thus: One Kesava Prabhu had executed a Will (Ext.A1) in the year 1122 M.E. bequeathing his properties to his three sons and others. Ext.A1 deals with the properties set apart in different schedules. The schedules B, C & D are alone relevant in this case. Item No.1 in B schedule was allotted to Rama Prabhu, father of defendants 1 and 2. Item No.1 in B Schedule was allotted to Guna Prabhu. Item No.1 in D schedule was allotted to Vasudeva Prabhu (first plaintiff). Three street houses and their site measuring 18 cents are the properties allotted to these three sharers. There is a public road on the northern side of B schedule







































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