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2019 Supreme(Ker) 926

P.SOMARAJAN
K. Suseelan, S/o. Kuttan Panicker – Appellant
Versus
Thamarakshy, D/o. Gouri, Kodivilakathu Veedu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.G.Parameswara Panicker (Sr.) Sri.P.Gopal Sri.Govindkumar Menon
For the Respondent: Sri.R.S.Kalkura, Sri.G.S.Reghunath, Adv. Sri.R.V.Sreejith For Addl. G.S.Reghunath, Sri.V.S.Babu Gireesan

JUDGMENT :

1. A suit for declaration of co-ownership right, possession thereof over plaint A and B schedule and a permanent prohibitory injunction not to meddle with the right of plaintiff, was decreed by both the trial court and the first appellate court. Earlier the suit was dismissed, but the first appellate court set aside the decree and remanded back to the trial court. It is thereafter both the courts below decreed the suit, against which defendants 1, 3, 8, 9 , 10, 13, 14, 15, 21 and 23 came up with this appeal.

2. The plaint A schedule is having 24.5 cents in Sy.No.5/8 A of Thiruppuram village, Neyyattinkara and the B schedule is the structures situated therein, the temple and its connected structures. The plaint A schedule property was a part of large extent of 1 acre 83 cents in Sy.No.5/8 A. Earlier this property was subjected to a settlement by the settlement officer under the Travancore Oodukur settlement proclamation 1122 (ME), by which it was divided into 14 plots and allotted to 10 persons. The plot No.11 is the plaint A schedule. It was kept in common to the 10 persons under the settlement order -Ext.A1, over which the plaintiffs claim co-ownership right and possessio

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