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2013 Supreme(Ker) 640

S.S.SATHEESACHANDRAN
John Varghese (Pazhampallil) – Appellant
Versus
Sweena Anna Thomas rep. by Her Father & Power of Attorney Holder Thomas K. Jacob – Respondent


Advocate Appeared:
For the Appellant:G. Ram Mohan, G.P. Shinod, V. Manu, Advocates.
For the Respondent:R1, Mathew Skaria, K.J. Josemon, Joy Joseph (Mundackal), Sujesh J. Mathew, Advocates.

Judgment :

1. Order of remand passed by the learned District Judge, Thiruvananthapuram reversing the decree of dismissal passed in a suit for injunction and remitting the case for fresh disposal, is challenged in this appeal. Defendant in the above suit is the appellant, and respondent, the plaintiff.

2. Parties are referred to as plaintiff and defendant hereinafter. Short facts necessary for disposal of the appeal can be summed up thus:

Suit was for injunction, both prohibitory and mandatory. Plaintiff claimed title and possession over plaint schedule property having an extent of eight cents under two settlement deeds, Exts.A2 and A3, executed by her grandmother. Plaint property according to plaintiff formed part of 20 cents lying behind the property of the husband of executant of Exts.A2 and A3, situate to the east of M.C. Road. The only access to the plaint property is through a gate installed on its eastern compound wall, to a pathway leading to Kelind line situate on its east. Blocking that gate defendant, adjacent property owner, had put up a wall and, later, he unauthorisedly constructed a car shed demolishing the mud wall separating his property with the plaintiff, was her











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