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2010 Supreme(Ker) 550

S.S.SATHEESACHANDRAN
C. S. Chandramathy – Appellant
Versus
Devakey Amma – Respondent


Advocates appeared:For the Petitioners:T.B. Thankappan, Advocate. For the Respondents:S. Sreekumar, Advocate.

Judgment :-

“C.R.”

1. Plaintiffs in a suit for fixation of boundary and injunction, are the appellants. Their suit, O.S.No.1739 of 1997, after trial, was decreed by the learned Munsiff, Ernakulam, negativing the challenges raised by the contesting respondents/defendants. However, in the appeal preferred by the defendants, the decree of the trial court was reversed and the plaintiffs were non-suited. Aggrieved by that decision, the plaintiffs have come up with this appeal.

2. Subject matter involved in the suit is fifteen cents of land in Sy.No.248/1/1 in Manakunnam Village in Edappally. Plaintiffs are the wife and children of late Narayanankutty Panicker, who admittedly obtained title over the property under Ext.A1 sale deed. The 1st defendant is the sister of late Narayanankutty Panicker and defendants 2 and 3 are the children of the 1st defendant. The 4th defendant is the daughter of another sister (deceased) of Narayanankutty Panicker. To the north adjoining the plaint property is the tharawad property comprising tharawad building of late Narayanankutty Panicker and the 1st defendant. After the death of Narayanankutty Panicker, according to the plaintiffs, there was obstruction f












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