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2021 Supreme(Ker) 1132

K.BABU
Susi W/o Kunjuparambil Xavier – Appellant
Versus
Sujathan S/o Apu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. M. Sasindran.
For the Respondent: Sri. K.S. Bharathan.

JUDGMENT :

K. BABU, J.

1. This Regular Second Appeal arises from the judgment dated 07.01.2014 in A.S. No. 37/2011 of the Principal Subordinate Judge's Court, Irinjalakkuda, which set aside the judgment dated 25.02.2011 in O.S. No. 741/2001 passed by the Principal Munsiff, Irinjalakkuda.

2. The plaintiff is the appellant.

3. The brief facts giving rise to this appeal are as follows:

    3.1. The plaintiff instituted the suit for fixation of boundary and consequential injunction against the defendants in respect of 16½ cents of property in Survey No. 762/4 of Poomangalam Village. The plaintiff acquired title and possession of the plaint schedule property under sale-deed No. 2762/1992. The property of the defendants lies on the immediate south and west of the plaint schedule property. At some portions, the plaint schedule property is lying higher than the defendants' property. The defendants attempted to encroach upon the plaint schedule property on some portions. The defendants also attempted to cut and remove trees standing in the plaint schedule property. The plaintiff prevented the defendants from cutting and removing the trees. The plaintiff is entitled to fixation of the boundary of the

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