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2020 Supreme(Ker) 560

A.M.SHAFFIQUE, MARY JOSEPH
V. Sudha Soman – Appellant
Versus
Vasudevan Soman – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. D. Kesavan Nair, Smt. N.V. Sandhya.
For the Respondent: Dr. K.P. Pradeep.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. The appellant challenges the common order dated 30.12.2010, dismissing her claim in O.S. No. 362/2005 for declaration of her absolute title over the building situated in petition ‘A’ schedule property and also mandatory injunction directing the respondents residing in the building to vacate from the premises. The Family court, while declaring that she was the absolute owner of the land and having held that she was entitled for a prohibitory injunction restrained the respondents from causing obstruction to her entry as well as occupying the house for her residence and held that her husband had acquired half right over the building along with her. In fact her husband had filed O.P. No. 129/2008 claiming absolute right over the property as well as the building. But the Family court rejected the claim in respect of the land and declared that he has half right over the building.

2. The appellant/wife alone being aggrieved by the common order, filed Mat. Appeal Nos. 709/2011 and 294/2013 which respectively arise from O.S. No. 362/2005 and O.P. No. 129/2008. Parties are described as shown in Mat. Appeal No. 709/2011 unless otherwise stated.

3. The petitioner/w

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