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2009 Supreme(Ker) 951

HARUN-UL-RASHID
IVY ABRAHAM – Appellant
Versus
ITTY – Respondent


Advocates appeared:
For the Appellants:T.P. Kelu Nambiar, Senior, Advocate, P.G. Rajagopalan, Gopi Krishnan Nambiar, Shiraz Abdulla, Advocates. For the Respondents:
R. Ramadas, Rashtra Deepika Ltd. Party, Rashtra Deepika Ltd. Party, Advocates.

Judgment :

The plaintiffs in O.S. Nos. 561/1994 and defendants 1 and 2 in O.S. No. 629/1994 on the file of the Principal Sub Judge, Kottayam, are the appellants in A.S. No.s 250 and 251 of 1999 respectively. These appeals arise out of a common judgment in the said suits. O.S No. 629/1994 was filed for a declaration that the sale deed No. 2625/1993 executed by the 1st plaintiff in favour of the 1st defendant is null and void and for a perpetual injunction to restrain the defendants 1 and 2 from trespassing upon the plaint schedule property or effecting any transfer relating to the property based on the above sale deed and for a decree of mandatory injunction directing the 2nd defendant to return the blank cheques and stamped papers delivered to him at the time of execution of the sale deed No. 2625/1993. The connected suit viz. O.S. 561/1994 is a suit filed by defendant 1 and 2 in O.S No.629/1994 for a perpetual injunction restraining the 1st plaintiff in O.S No. 629/1994 from trespassing upon the plaint schedule property or obstructing their possession and peaceful enjoyment of the same and from collecting the future rent of the building and to direct the 1st defendant (plaintiff in





















































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