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2010 Supreme(Ker) 520

S.S.SATHEESACHANDRAN
C. Vijayalakshmi – Appellant
Versus
C. Gopalakrishna Menon – Respondent


Advocates Appeared:
For the Petitioner:A.P. Chandrasekharan, Sr. Advocate. For the Respondent:B.G. Bidan Chandran, Advocate.

Judgment :

1. The second appeal is filed by the defendant in O.S No.38/1990 of the Additional Munsiffs Court, Kozhikode challenging the concurrent decision rendered by the court below granting a decree in favour of the respondent/plaintiff canceling Ext.A2 gift deed in favour of the plaintiff/appellant. Plaintiff/respondent, in his suit, over and above seeking cancellation of Ext.A2 settlement deed executed by him in favour of the defendant sought for a decree of perpetual prohibitory injunction as well against the defendant to restrain her from trespassing upon or interfering with his possession and enjoyment over the plaint property. Though the trial court had granted a decree of injunction as well, the lower appellate court, in the appeal preferred by the appellant, taking note that she is residing in the building comprised in the schedule property, and further, by virtue of Ext.B1 settlement deed executed by her mother, she is a coowner of the property vacated that decree of injunction. However, the decree granted in favour of the plaintiff/respondent cancelling Ext.A2 settlement deed in favour of the appellant/defendant was confirmed by the lower appellate court also dismissing





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