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2022 Supreme(Ker) 550

K.BABU
T. T. Joseph S/O. Late Thomas Thomas – Appellant
Versus
Valsamma Varghese W/O. Late Varghese – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.C.A.Rajeev

JUDGMENT :

This appeal is directed against the judgment and decree dated 26.08.2020 passed by the District Court, Pathanamthitta in A.S.No.97/2019. The appeal suit arose from the judgment and decree dated 24.08.2019 passed by the Subordinate Judge’s Court, Thiruvalla in O.S.No.8/2010.

2. The plaintiffs in the Original Suit are the appellants. The defendants are the respondents.

3. Defendant No.2 in O.S.No.8/2010 filed O.S.No.14/2012 against the appellants/plaintiffs seeking prohibitory injunction in respect of the plaint schedule properties. Both the suits were jointly tried by the Trial Court. O.S.No.8/2010 was decreed in favour of the appellants/plaintiffs and O.S.No.14/2012 was dismissed. Defendants 2 and 3 in O.S.No.8/2010 challenged the judgment and decree of the Trial Court in A.S.No.97/2019. The plaintiff and defendant No. 2 in O.S.No.14/2012 challenged the common judgment and decree in A.S.No.98/2019. The First Appellate Court jointly considered both the appeals and allowed A.S.No.97/2019 and dismissed A.S.No.98/2019.

4. Material facts relevant for the adjudication of this appeal are as follows:-

    4.1 Smt. Thresiamma @ Mariamma, the mother of plaintiff No.1, on 08.10.1997 execute

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