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2011 Supreme(Ker) 39

K.T.SANKARAN
Varghese – Appellant
Versus
T. K. Sivaraman – Respondent


Advocates Appeared:For the Petitioner:Varghese C.Kuriakose, Advocate. For the Respondent: No Appearance.

Judgment :

The respondent filed O.S.No.1354 of 1999 on the file of the court of the Principal Munsiff of Ernakulam against the petitioner and others for fixation of boundary of the plaint schedule property and for other reliefs. The trial court decreed the suit in part as per the judgment and decree dated 30th June, 2007. The operative portion of the judgment reads as follows:

"In the result, the suit is decreed in part. The southern and eastern boundary of the plaint A schedule property is fixed as follows: The southern boundary is 10.1 line below the yellow shaded portion in Ext.C1(a) plan. The eastern boundary of the A schedule property is 14.0 line on the eastern side of blue shaded portion in C1(a) plan. Other reliefs sought in the plaint are refused. Plaintiff is entitled to get costs of the suit from the defendants. Ext.C1(a) plan shall be made part of the decree."

2. Dissatisfied with the judgment and decree of the trial court, the plaintiff filed A.S.No.206 of 2007 on the file of the court of the District Judge, Ernakulam. The District Court allowed the appeal as per the judgment dated 7th August, 2008. The operative portion of the judgment reads as follows:

"In the result,


















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