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2001 Supreme(Ker) 705

S.MARIMUTHU
Baby Alias Mariamma Paul – Appellant
Versus
Devassy – Respondent


JUDGMENT

S. Marimuthu, J.

1. This appeal is directed questioning the judgment and decree delivered in A. S. No. 101 of 1993 on the file of the 1st Additional Sub Judge, Ernakulam. That appeal was filed against the judgment and decree in O. S. No. 561 of 1985 on the file of the 2nd Additional Munsiff, Ernakulam, Plaintiff is the appellant. In both the courts below the plaintiff was not successful.

2. Appellant as plaintiff filed the above said suit for perpetual injunction restraining the deceased first defendant, one Devassy, from causing any obstruction to the appellant's free egress and ingress to the plaint schedule property and from attempting to trespass into the plaint schedule property and also for a mandatory injunction to remove the obstruction caused for entering the plaint schedule property from the lane through the gate. First defendant died pending appeal and his legal representatives have been brought on record as respondents in this appeal. The case of the appellant in short is that the suit property measuring 8 cents in extent was purchased under Ext. A-2 (copy), dated 17th July 1969 with specific boundaries and it has got pucca compound walls on all sides. There is an



















































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