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2016 Supreme(Ker) 92

ANTONY DOMINIC, A.HARIPRASAD
K. J. ABRAHAM – Appellant
Versus
MARIAMMA ITTY – Respondent


Advocates Appeared:
For the Appellant : SRI. G.S. REGHUNATH.
For the Respondent:SRI. T.P. VARGHESE, SRI. PHILIP T. VARGHESE, SRI. BECHU KURIAN THOMAS (SENIOR ADVOCATE), SRI. V.P.K. PANICKER, SMT. SREELEKHA PUTHALATH, SRI. ABRAHAM GEORGE JACOB, SRI. S. GOWTHAM.

JUDGMENT :

Hariprasad, J.

This first appeal is filed by the plaintiffs in a suit for multifarious reliefs. The trial court disallowed major part of the reliefs claimed; hence they are in appeal. For brevity and clarity, the parties are hereinafter referred to as the plaintiffs and defendants. Before marshalling the facts, it will be profitable, for the ultimate analysis of the case, to take note of the reliefs sought in the plaint:

"(A) Declaring that the sale deed No.868 of 1978, the agreement No.3904 of 1979 and document No.3321/1980 of the Additional Sub Registrar's Office, Kottayam, are false and fraudulent documents created by the defendants without any authority and that they are not binding on the plaintiffs and the plaint properties, or, in the alternative cancelling the said documents; and declaring plaintiffs' title and possession over B schedule;

(B) Putting up and demarcating the eastern boundary of plaint B schedule property and the building portion therein; after recovery of the same if the same is found in the possession of defendants;

(C) Directing defendants 3 and





































































































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