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2010 Supreme(Ker) 802

P.BHAVADASAN
Avira Joseph – Appellant
Versus
Varghese Mathai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Roy Chacko
For the Respondent: Smt. Elizabeth Mathai Idiculla, Mohan Idiculla Abraham, Rachel Joseoh

JUDGMENT :

P. Bhavadasan, J.

Three suits, i.e. O.S. Nos. 261 and 724 of 1982 and O.S.193 of 1983 before the Munsiff's Court, Alappuzha were jointly tried and disposed of by a common judgment. O.S. 261 of 1982 was filed by the respondents herein while the other two suits were filed by the appellant. The appellant's suits were dismissed and respondents' suit was decreed. The appellant preferred first appeals before the lower appellate court, which confirmed the judgment and decree of the court below.

2. O.S. 261 of 1982 is treated as the leading case and the parties and facts are referred to as they are available in the said suit.

3. The facts are as follows: All the three suits were for permanent prohibitory injunction. The plaint schedule property in O.S. 261 of 1992 has an extent of about four acres and is a garden land and paddy field. They are in Sy. Nos. 68/12A and 12B, i.e. 1.27 acres comprised in Sy. No.68/12A and 2.73 acres comprised in Sy. No.68/12B. The properties were initially owned by the predecessors-in-interest of defendants 2 to 5 in O.S. 261 of 1982. The properties were brought to sale in court auction in execution of the decree in O.S. 171 of 1094 M.E. of Munsiff's cou








































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