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2017 Supreme(Ker) 1343

K.RAMAKRISHNAN
Kamala Devi Amma – Appellant
Versus
Rajan – Respondent


JUDGMENT

K. Ramakrishnan, J.

1. The defendants in O.S.No.286/1993 on the file of the Munsiff Court, Wadakanchery are the appellants in S.A.No.622/99, while the plaintiff in O.S.No.285/93 on the file of the same court is the appellant in S.A.No.670/99. O.S.No.285/93 was filed by the appellant herein in S.A.No.670/1999 originally as O.S.605/88 on the file of the Munsiff Court, Chavakkad for permanent prohibitory injunction restraining the defendant who was the original respondent in that appeal in that case from trespassing into the plaint schedule property and cutting open a pathway through the plaint schedule property with following allegations:

The plaint schedule property belongs to the plaintiff in that case which she obtained as per partition deed No.1148/82. She was in exclusive possession and enjoyment of the same. The defendant is having property on the west of the plaint schedule property and she is residing there. The property of the defendant and those properties on the north of defendant's property were under the possession of same person and was lying contiguously till the Alumpady - Muthuvattur road. The defendant has got a way towards west of his property so as to reach







































































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