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2013 Supreme(Ker) 565

P.N.RAVINDRAN
Suseelan – Appellant
Versus
Ahammed Kannu Syed Muhammed – Respondent


Advocate Appeared:
For the Petitioner:Jojo George, Lal K. Joseph, A.A. Ziyad Rahman, A.K. Mohamed Ali, V.S. Shiraz Bava, Advocates.
For the Respondents:R1, R2, K.B. Pradeep, Advocate.

JUDGMENT

1. The petitioner is the 11th defendant in O.S.No.287 of 2007 on the file of the Court of the First Additional Munsif of Neyyattinkara. The respondents are the plaintiffs therein. The suit instituted by the respondents for declaration of title and possession and for other reliefs was decreed by Ext.P6 judgment delivered on 28.1.2012. The operative portion of Ext.P6 judgment in O.S.No.287 of 2007 reads as follows:-

"14. In the result the suit is decreed as follows:-

1. It is hereby declared that first plaintiff got title and possession over B schedule item No.1 to 6 properties.

2. Eleventh defendant is restrained from trespassing into B schedule item No.1 to 6 properties and from cutting down the trees in it and from making any constructions in it and from interfering with the possession of the first plaintiff over B schedule item No. 1 to 6 properties.

3. First plaintiff is allowed to demolish D schedule item No.1 and 2 sheds which were shown in green shade in B schedule item No.2 properties in Ext.C1(a) plan at his own costs through court.

4. First plaintiff is allowed to put up boundary along B1, IIF, A1, A2 A3 A4, A5 A3, RY, YZ, ZA6 and A6 A5 lines in Ext.C1(a) plan thr












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