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2021 Supreme(Ker) 589

N.ANIL KUMAR
Ligy Paul D/o A. T. Poulose – Appellant
Versus
Mariyakutty W/o Late C. L. Mathachan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sajan Vargheese K., Liju M.P.
For the Respondents: P. Thomas Geeverghese, Tony Thomas, Sajeevan.

JUDGMENT :

N. ANIL KUMAR, J.

1. The appellant is the respondent in A.S. No. 62/2018 on the file of the Additional District Court, N. Paravur (hereinafter referred to as ‘the first appellate court’) and the plaintiff in O.S. No. 437/2013 on the file of the Munsiff's Court, Aluva (hereinafter referred to as ‘the trial court’). The respondents 1 to 7 are the appellants in the A.S. and the defendants in the O.S. The parties are hereinafter referred to as ‘the plaintiff’ and ‘the defendant’ according to their status in the trial court unless otherwise stated.

2. The suit was filed for permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property, forcefully evicting the plaintiff from the property, from creating new documents with respect to the property and also from doing anything detrimental to the peaceful possession and enjoyment of the same by the plaintiff.

3. One C.L. Mathachan, the predecessor-in-interest of the defendants got patta in respect of 2.47 acres of land as per P.F. No. 192/1981. 62.682 cents of this property was lying on the southern side of Edamalayar-Illithodu road. The property lying on the southern side of the said 62

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