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2013 Supreme(Ker) 80

K.M.JOSEPH, K.RAMAKRISHNAN
Beena Kannan – Appellant
Versus
Abdullakutty – Respondent


Advocates Appeared:
For the Appellant:T. Krishnan Unni (Sr.), P.I. Georgekutty, Advocate.
For the Respondents:R1 to R21, K.K.M. Sherif, Lal K. Joseph, Ziyad Rahman, Shiraz Bhava, Advocates.

Judgement Key Points

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Judgment :

K. Ramakrishnan, J.

The above appeal has been filed by the defeated first defendant/first respondent in I.A.No.2677/2010 in O.S.No.224/2010 on the file of the Principal Sub Court, Ernakulam. The suit was one filed by the plaintiffs for a decree, directing the first defendant to give back possession of plaint-B schedule property to the plaintiff and 2nd defendant, and also for a decree for mandatory injunction directing the first defendant to demolish all the structural works erected in the plaint-B schedule property, and for a permanent prohibitory injunction restraining the first defendant from carrying any construction or committing any mischief detrimental to the interest of justice, plaintiffs in plaint-B schedule property with following allegations.

2. Plaint-A schedule property having an extent of 63 and 15/16 cents comprised in Sy.No.410/1 of Ernakulam Village, originally belonged to one Kochu Mammu having been purchased from Bava son of Sultan Pillai as per sale deed No.2054/1118 ME of Sub Registrar Office, Ernakulam. He was in possession and enjoyment of the same. After assignment, the survey number was sub divided and renumbered as 410/4 and 410/5 and the prope




























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