R.NARAYANA PISHARADI
Abdul Samad – Appellant
Versus
Nahakhan – Respondent
JUDGMENT :
The petitioner is the plaintiff and the respondent is the defendant in the suit O.S.No.165/2017 on the file of the Munsiff's Court, Kayamkulam.
2. The plaintiff is said to be suffering from bipolar disorder and the suit was instituted by his wife as his next friend.
3. The suit is instituted for granting a decree of declaration of title of the plaintiff over the plaint schedule property and also for granting a decree of prohibitory injunction restraining the defendant from alienating or making any alteration to the nature of that property.
4. The case of the plaintiff in the suit is, that the plaint schedule property belonged to him, that on 19.09.2016 he executed sale deed No.1033/2016 in respect of that property in favour of the defendant, that the aforesaid sale deed was signed by him without knowing its nature as he was suffering from mental illness, that the sale deed is not supported by consideration, that the sale deed is void and that the plaint schedule property is in his possession.
5. The defendant filed an application as I.A.No.1509/2017 in the suit for granting an order of interim mandatory injunction, directing the plaintiff to reconstruct the wall of the shop r
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