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2019 Supreme(Ker) 151

P.SOMARAJAN
Baby Mol Varghese – Appellant
Versus
P. S. Jacob – Respondent


Advocates Appeared:
For the Appellant : Sri. R.D. Shenoy (Sr.), Sri. S. Vinod Bhat, Advs.
For the Respondent: Sri. A. Ranjith Narayanan, Sri. C.P. Mohammed Nias, Sri. S.K. Saju, Advs.

JUDGMENT :

These three appeals are preferred against the common decree and judgment in A.S Nos.34 of 2006,33 of 2006 and 35 of 2006 on the files of the District Court, Kozhikode and the suits in O.S.Nos.497 of 1999, 773 of 2000 and 264 of 1999 of Principal Munsiff's Court, Kozhikode. The suit in O.S.No.264 of 1999 is the leading case. The said suit was filed by one Baby Mol Varghese, a sole legatee under Ext A3 registered Will claiming to be the owner of plaint schedule seven cents of property left out by one T.K.Baby, the testatrix of Ext.A3 Will. The other two suits were filed by the near relatives of T.K.Baby. The suit in O.S.No.497 of 1999 is by the uncle of T.K.Baby against the plaintiff in the leading case and another. That suit was filed for permanent prohibitory injunction with respect to the above seven cents of property. The other suit in O.S.No.773 of 2000 was also filed by the plaintiff in the leading case for permanent prohibitory injunction. The leading case is also filed for prohibitory injunction not to alienate, encumber the property and not to alter the peaceful possession of plaintiff by any of the defendants. The trial court dismissed the leading case and the sui


















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