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2015 Supreme(Ker) 404

A.V.RAMAKRISHNA PILLAI
MERI DAISY RANI – Appellant
Versus
ANTHONIMUTHU – Respondent


Advocate Appeared:
For the Appellant:Smt. Sreeja Sohan K. and Sri. K.V. Sohan, Advocates.
For the Respondent:Sri. T. Krishnan Unni, Senior Advocate, Sri. Saju. S.A. and Sri. Jamsheed Hafiz, Advocates.

JUDGMENT

A.V. RAMAKRISHNA PILLAI, J.

1. The defendants in O.S. No. 352 of 2001 on the files of the Munsiff's Court, Palakkad have come up with this appeal against the decree and judgment passed by the District Court, Palakkad in A.S. No. 158 of 2004.

2. The respondents approached the trial court for a decree of permanent prohibitory injunction restraining the appellants from entering upon the plaint schedule property as well as from interfering with the possession of the respondents among other reliefs.

3. In the plaint it is alleged that the suit property originally belonged to the father of the parties herein as per a partition deed of 1989 of SRO, Palakkad. Their father expired on 12.3.1998. During his life time he had executed a Will by which the property devolved upon the mother of the parties. On 23.8.2000, the mother of the parties executed Ext.B1 deed in favour of the appellants in respect of the plaint schedule property. The respondent/ plaintiff alleged that though Ext.B1 is described as settlement deed, it was a Will and therefore, a fresh Will, Ext.A3 had been executed by the mother on 21.11.2000 cancelling Ext.B1 and later by Ext.A4 dated 2.11.2000 the properties were a










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