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2017 Supreme(Ker) 191

B.KEMAL PASHA
EBENEZER HOSPITAL, KAYAMKULAM REPRESENTED BY ITS MANAGING PARTNER DR. JOHN EBENEZER – Appellant
Versus
ABDUL KALAM AZAD – Respondent


Advocates Appeared:
For the Appellant : ADV. SRI. K.V. SADANANDA PRABHU
For the Respondent: ADV. SMT. SUMATHI DANDAPANI (SENIOR), ADV. SRI. MILLU DANDAPANI (CAVEATOR)

JUDGMENT :

R.S.A. No.8/2013 has arisen from the judgment and decree passed by the Additional District Court-I, Mavelikkara in A.S. No.15/2011, which arose from O.S. No.17/2007 of the Munsiff's Court, Kayamkulam. R.S.A. No.1545/2012 has arisen from the judgment and decree passed by the Additional District Court-I, Mavelikkara in A.S. No.16/2011, which arose from O.S. No.23/2007 of the Munsiff's Court, Kayamkulam. R.S.A. No.1548/2012 has arisen from the judgment and decree passed by the Additional District Court-I, Mavelikkara in A.S. No.32/2011, which arose from O.S. No.17/2007 of the Munsiff's Court, Kayamkulam.

2. There were originally three suits, which were jointly tried and disposed of by the Munsiff's Court, Kayamkulam through a common judgment. O.S. No.17/2007 was one filed for declaration and injunction. O.S. No.23/2007 was one filed for perpetual injunction as well as mandatory injunction. O.S. No.103/2007 was filed for the fixation of boundary of the scheduled property.

3. The parties are referred to in the order in which the parties are referred in O.S. No.17/2007. All the properties in question involved in these suits originally belonged to late Edward Rosario. He had three






















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