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2022 Supreme(Ker) 69

A.BADHARUDEEN
Sumithran S/o Sukumara Panicker – Appellant
Versus
Neelakantan S/o Kesava Panicker – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: G.P. Shinod, Govind Padmanaabhan, Ajit G. Anjarlekar.
For the Respondent: K.P. Sreekumar.

JUDGMENT :

A. BADHARUDEEN, J.

1. Plaintiffs in O.S. No. 788/1993 on the file of the Additional Munsiff Court-I, Neyyattinkara, who are aggrieved by the order in I.A. No. 3633/2014 dated 09.06.2015, have preferred this Original Petition under Article 227 of the Constitution of India.

2. Heard the learned counsel for the petitioners as well as the contesting 27th defendant, since other parties not arrayed in this Original Petition. It is submitted by the learned counsel for the petitioners that the petitioners filed petition under Order 6 Rule 16 of the Code of Civil Procedure to strike down the contentions in the written statement filed by the 27th defendant, whereby 27th defendant claimed right over the plaint schedule property as per settlement deed No. 1528/1997 and also claimed leasehold right over 50 cent forming part of the plaint schedule items, in continuation of enjoyment of the said right by his father Keshava Panicker. It is argued by the learned counsel for the petitioners that the court below failed to note that defendants 22, 23 and 25, litigating under the same title, raised contentions of similar nature as raised by the 27th defendant and was found against, as per Ext.P

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