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2016 Supreme(Ker) 820

P.B.SURESH KUMAR
Ummul Faiza P. M. – Appellant
Versus
Akbar Quarashi – Respondent


Advocates Appeared:
For the Appellant :P.V. Kunhikrishnan, Advocate,
For the Respondent:C. Khalid, V.P. Mahammood, K.P. Mohamed Shafi, Phijo Pradeesh Philip, K. Reeha Khader, K.S. Haseena and K.K. Nesna, Advocates

JUDGMENT :

P.B. Suresh Kumar, J.

1. The defendants in a suit for mandatory injunction are the appellants. The first defendant is the mother of the plaintiff and the second defendant is the brother of the plaintiff. The suit property belonged to Ebrahim, the father of the plaintiff and the second defendant. Ebrahim divorced the first defendant. After the divorce, the first defendant filed OS No. 124 of 2007 for a declaration of her right in the suit property and for a prohibitory injunction restraining Ebrahim from evicting her from the building in the suit property. The case set up by the first defendant in OS No. 124 of 2007 was that the suit property was acquired by Ebrahim making use of her money also. The case of the first defendant that the suit property was purchased making use of her money also was not accepted by the Court in OS No. 124 of 2007. Consequently, the declaration of title sought by the first defendant over the suit property was declined. The first defendant was, however, granted a decree in the said suit restraining Ebrahim from evicting her from the suit property otherwise than by due process of law. Later, Ebrahim filed OS No. 447 of 2007 for recovery of possess









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