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2012 Supreme(Ker) 556

THOMAS P.JOSEPH
Sarala – Appellant
Versus
Vijayan – Respondent


Advocates Appeared:
For the Appellants:K. Subash Chandra Bose, Advocate.
For the Respondents:R1, A. Mohammed Sayed, Advocate, R2, M.K. Chandra Mohandas, SC.

JUDGMENT

Thomas P. Joseph, J.

1. Heard. Admit.

2. The following substantial question of law is framed for a decision:

Whether the courts below are correct in entering a finding that the civil court has no jurisdiction to grant the relief of declaration sought in the light of the constitution of the Tribunal for Local Self Government Institutions (for short, "the Tribunal") and the bar under Section 563 of the Kerala Municipality Act, 1994 (for short, "the Act")?

3. Respondents appear through counsel.

4. In view of the substantial question of law framed for a decision which does not require calling for the entire records and a copy of the plaint and the written statement filed by the 2nd respondent are given to me for perusal, as agreed by the learned counsel on both sides records are not called for, for disposal of this appeal.

5. Plaintiffs are the appellants. They sued the respondents-defendants in the Principal Munsiff's Court, Kollam in O.S. No.133 of 2000 for a declaration of title and possession they claimed over plaint A and B schedules, for injunction to restrain the 2nd respondent from demolishing the compound wall constructed on the eastern side of the suit property a
























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