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2012 Supreme(Ker) 987

K.M.JOSEPH, K.HARILAL
Kallai Abu – Appellant
Versus
Sub Inspector Of Police – Respondent


Advocate Appeared:
For the Petitioner:Rajesh Kormath, Advocate
For the Respondent:Sr. Government Pleader (C.R. Syam Kumar) & Vinod Vallikappan, Advocates

JUDGMENT :

K. Harilal, J.

Briefly put, the averments in the writ petition are as follows :-

The petitioner purchased 12 cents of property from one Smt. Sarojini, the predecessor in title by virtue of registered Assignment Deed No.21/1993 of Sub Registrar's Office, Malappruam. After purchase of the property, when the petitioner started to transport materials through the property of the petitioner to construct a house, Nambola Narayanan, the predecessor in interest of respondents 4 to 9 herein obstructed the same and that culminated in intervention of police. Thereupon Nambola Narayanan, the predecessor in interest of the respondents filed O.S.No.169 of 1995 on the file of the Munsiff Court, Manjeri against the petitioner for restraining the petitioner from cutting upon a way through item Nos. 2 and 3 of the plaint schedule property, entering into the said property or using the said property as a way or plying vehicles through the said property. A mandatory injunction was also sought for in the suit, to restore the demolished portion of the compound wall on the eastern side of item Nos. 2 and 3 of the plaint schedule property. On the death of Nambola Narayanan, respondents 4 to 9 herein





















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