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2023 Supreme(Ker) 720

A. BADHARUDEEN
Philomina, W/o. George – Appellant
Versus
Bernardshaw, S/o. Bhagyam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Narendra Kumar, Harshadev M., B. Rajesh (Kottayam).

JUDGMENT :

This Regular Second Appeal has been filed under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure, challenging decree and judgment in A.S.No.34 of 2019 dated 23.12.2022 on the files of the District Court, Thodupuzha, arising from decree and judgment dated 28.10.2019 in O.S.No.262/2014 on the files of Munsiff Court, Devikulam. Appellant in this Second Appeal is the sole plaintiff in the above Suit and the appellant in the First Appeal. Respondents are the defendants in the Suit.

2. Heard the learned counsel for the appellant on admission.

3. The parties in this appeal shall be referred as to their status in the Suit as 'plaintiff' and 'defendants' hereafter for easy reference.

4. The Suit was one filed seeking the relief of prohibitory injunction restraining the defendants and men under them from trespassing into the plaint schedule property, annexing a portion of the same into their possession, destroying the boundaries, boundary marks and cultivation in the plaint schedule property, committing any sort of waste and mischief therein the plaint schedule property and in any manner interfering with the peaceful possession and enjoyment of the same by the pl

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