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2011 Supreme(Ker) 172

PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
K. P. Gopalakrishnan Nair – Appellant
Versus
Tahsildar & Executive Magistrate – Respondent


Advocates Appeared:
For the Petitioner:M.M.Abdul Aziz (Sr.), Advocate.
For the Respondents:P.B.Suresh Kumar, Advocate.

JUDGMENT :-


N.K. Balakrishnan, J.

1. Sri.K.P.Gopalakrishnan Nair, the petitioner in W.P.(C) No.14605/2010 is the appellant in W.A.No.1959 of 2010. The aforesaid Gopalakrishnan Nair and his wife Smt.Lalithakumari are the appellants in W.A.No.1990 of 2010. The litigation between the parties started in the year 1984. Sri.Sreedharan Nair, the father of Sri.Pratap S. Nair and husband of Smt.Ashadevi owned 78 cents of land in Survey No.10211, 1.14 Acre in Survey No.10212 and 85 cents in Survey No.10213 thus, making a total of 2 Acre 77 cents. It was alleged that in 1984, certain persons residing on the western side of the above 2 Acres 77 cents of land attempted to trespass upon a portion of that property in order to form a pathway to go to the public road on the eastern side of that property. Sreedharan Nair thus filed O.S.No.37/1984 before the Munsiff's Court, Kollam seeking a permanent prohibitory injunction restraining those persons from trespassing upon his land. In the aforesaid suit the plaint 'A' schedule property was shown as 85 cents in Survey No.10213. The pathway claimed by the defendants therein was shown as 'B' schedule. Besides, the compound wall on the eastern side was spe


























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