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2018 Supreme(Ker) 414

P.SOMARAJAN
P. Dinesh, S/o. P. Madhavan – Appellant
Versus
Komalam Mannadiyar, W/o. Krishnan Mannadiyar – Respondent


Advocates Appeared:
For the Appellant : Sri. V.T. Madhavanunni, Sri. J. Abhilash, Sri. V.A. Satheesh.
For the Respondent: Sri. John Joseph(Roy), Sri. A.J. Benny.

JUDGMENT :

Challenging the judgment rendered in A.S.No.203/2008 of the Additional District Court, Kozhikode, confirming the order in E.A.No.100/06 in E.P.No.269/05 in O.S.No.933/98 of the Principal Munsiff's Court-II, Kozhikode, the petitioners came up with this appeal.

2. The suit was originally filed for injunction simplicitor against trespass. Subsequently, the suit was amended incorporating a prayer for mandatory injunction on account of dispossession alleged to have been done by the defendants during the pendency of the suit. The suit was decreed granting mandatory injunction directing the defendants to vacate the property. Though the decree and judgment was taken up in appeal in A.S.No.189/2003, it has ended in dismissal. In the meanwhile, on 12.04.2004, the judgment debtor/second respondent transferred his right, title and interest over the property under Exhibit A1 registered sale deed in favour of present petitioners/appellants. Thereafter the decree was put in execution, wherein the appellants entered appearance by filing E.A.No.100/2006 with a prayer to declare their right, title and interest over the property. It was rejected by the Execution Court. In appeal it was confi





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