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2021 Supreme(Ker) 803

N.ANIL KUMAR
Raghavan Vijaya Prasad – Appellant
Versus
Sarala, Mapolil Kizhakkethil – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.JOHN K.GEORGE
For the Respondent: SMT.RESMI NANDANAN(LEGAL AID) SRI.C.HARIKRISHNAN, SRI.P.RADHAKRISHNAN NAIR

JUDGMENT :

This appeal is directed against the judgment and decree dated 11.11.2002 in A.S.No.106/1992 of the Additional District Court-II, Mavelikara (hereinafter referred to as 'the first appellate court') arising from the common judgment and decree dated 10.1.1992 in O.S.No.10/1990 of the Munsiff's Court, Haripad (hereinafter referred to as 'the trial court').

2. The plaintiff, who is the appellant, filed O.S.No.10/1990 before the trial court. The defendant is the respondent. The parties are hereinafter referred to as referred in O.S.No.10/1990 unless otherwise stated.

3. The plaint allegations in brief are as under:-

The plaintiff is a member of Hindu Ezhava community and he is conducting a studio at Nangiarkulangara under the name and style 'Prasad Studio'. He is also a final year student of T.K.M. Engineering College at Kollam. The defendant is a member of the Hindu Ullada community and she was a total stranger to the plaintiff till February, 1989. During the month of February 1989, the defendant had come to the plaintiff's studio for taking photographs. When they got acquainted with each other, on 13.12.1989, the defendant came to the lodge wherein the plaintiff was residing and

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