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2018 Supreme(Ker) 51

A.HARIPRASAD
Narayanan Radhakrishna Menon – Appellant
Versus
Narayanan Sukumara Menon – Respondent


Advocates Appeared:
For the Appellant : S.V. Balakrishna Iyer, P.B. Krishnan
For the Respondents: Pirappancode V.S. Sudhir, S.P. Aravindakshan Pillai

JUDGMENT :

1. These second appeals emanate from the judgments and decrees in two suits; viz., O.S.Nos.538 of 1986 and 842 of 1986 filed before the Munsiff's Court, Cherthala. Appellant is the 1st plaintiff in O.S.No.538 of 1986 and the 1st defendant in O.S.No.842 of 1986. Contesting respondents are the opposite parties to the suits.

2. Brief facts are as follows: O.S.No.538 of 1986 is a suit for permanent prohibitory injunction. Plaint schedule property, with other items, originally belonged to Areepparambathu Raghava Menon. He bequeathed the plaint schedule property in favour of the plaintiffs' mother, Gouri Amma Bhavani Amma, by executing a Will dated 17.08.1122 M.E. After his death, the Will took effect and the property devolved on the legatee. There was a partition in the thavazhi of Bhavani Amma and D schedule in the deed of partition was set apart to the share of the plaintiffs. Since the 1st plaintiff was residing away, his younger brother, the 2nd plaintiff, was looking after the property. When the plaintiffs started construction of a building in the property, the defendants obstructed. Hence the suit for prohibitory injunction.

3. In the written statement the defendants conte





































































































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