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1986 Supreme(Ker) 153

K.P.RADHAKRISHNA MENON
Rosily Mathew – Appellant
Versus
Joseph – Respondent


Advocates:
T. S. Venkiteswara Iyer and T. R. G. Warrier, for Appellants; Chakkappan Kalliath and C. P. Ravikumar, for Respondent.

JUDGEMENT :-

Plaintiffs in O.S. 167 of 1974 are the defendants in O.S. 191 of 1974 while the plaintiff in O.S. 191 of 1974 is the defendant in O.S. 167 of 1974. As the issues arising for consideration in the suits were common, they were disposed of by the trial court by a common judgement. The appeals therefrom were also disposed of by a common judgement.

2. The Second Appeals are at the instance of the plaintiffs in O.S. 167 of 1974.

3. The dispute relates to the compound wall situated on the southern boundary of the appellants' property which admittedly is the northern boundary of the respondent's property. The compound wall is situated on the land comprised in survey No. 976/2.

4. The case of the respondent as disclosed from his pleadings is that the property shown in the schedule attached to the plaint in O.S. 191 of 1974 belongs to him and that the appellants and their men are attempting to trespass upon the property and therefore they may be restrained by an injuction from entering into the property and demolishing the compound wall situated on the northern side of the property and also from interfering with his rights to carry out construction works on the said compound wall. T



































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