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2022 Supreme(Ker) 1096

M. R. ANITHA
REMANAN S/O PURUSHOTHAMAN – Appellant
Versus
CHITHRAN S/O KORU – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. SANAL KUMAR, BHAVANA VELAYUDHAN, T.J. SEEMA.
For the Respondent: SIBI THOMAS JACOB.

JUDGMENT :

M.R. ANITHA, J.

1. This Regular Second Appeal has been directed against the judgment and decree in A.S. No. 43/2015 on the file of Additional District Court-II, Alappuzha which in turn arise out of the judgment and decree in O.S. No. 628/2012 on the file of Munsiff's Court, Alappuzha.

2. Plaintiff is the appellant. Suit is one for permanent prohibitory injunction. (Parties will hereinafter be referred as per their status before the trial court).

3. Plaint schedule property having an extent of 8 cents originally belonged to the father of the plaintiff who obtained the same as per partition deed No. 2401/1983 of S.R.O. Alappuzha. After the death of father, property devolved upon the plaintiff and his brother Madanappan. Whereabouts of brother is not known for the last more than 25 years. Plaintiff is the absolute owner in possession of the plaint schedule property. It is lying with well defined boundary stones and fence in its north and east. Plaintiff is residing 8 kms away from the plaint schedule property. 2nd defendant is the daughter of the paternal uncle of the plaintiff. The first defendant is her husband and the third defendant is her son. Second defendant has got some

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