K.RAMAKRISHNAN
SAJID P. A. – Appellant
Versus
STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, WAYANAD – Respondent
K. RAMAKRISHNAN, J.
1. The petitioner/appellant in I.A. No. 920/2015 in A.S. No. 29/2011 of Sub Court, Sulthan Bathery has filed this petition challenging the order passed in that application under Article 227 of the Constitution of India.
2. The petitioner herein filed Ext.P1 suit as O.S. No. 156/2010 on the file of the Munsiff Court, Kalpetta against the respondents for permanent prohibitory injunction restraining the defendants, their men and agents from trespassing into plaint-B schedule road and causing any damage or making any alteration to the present nature and condition of the road and from making any obstruction or interference in any manner over the plaintiff’s right and user of the plaint B schedule road. It is alleged in Ext.P1 that plaint A schedule property belongs to the plaintiff as per Sale Deed No. 784/2007 of SRO Vythiri. Originally it belonged to one Pulikkal Pathumma by virture of Lease Deed No. 237/1958 and thereafter it was devolved on Aandassery Karthiyani on the basis of Sale Deed No. 1450/1966. The said Kathiyani transferred the property to one Venugopalan, Pankajakshy and Paru Amma as per Document No. 1242/1970. While so, Paru Amma died and her r
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