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2023 Supreme(Ker) 830

A. BADHARUDEEN
Anil Kumar – Appellant
Versus
Sunil Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.Sunil Kumar
For the Respondent: Hena Bahuleyan

JUDGMENT :

RSA No.223 of 2023 has been filed by the appellant in A.S.No.9 of 2019 on the files of the Sub Court, Chengannur, challenging judgment dated 30.07.2019 in the above appeal.

2. RSA No.395 of 2023 is also one filed by the same appellant challenging judgment dated 30.07.2019 in A.S.No.10 of 2019 on the files of the Sub Court, Chengannur.

3. Respondents herein are the defendants in O.S.No.136 of 2013 on the files of the Munsiff Court, Mavelikara, wherefrom A.S.Nos.9/2019 and 10/2019 were filed before the Sub Court. The present Second Appeal arises out of A.S.Nos.9/2019 and 10/2019. As per the trial court decree and judgment, the learned Munsiff dismissed the suit filed by the plaintiff for declaration of title of the plaintiff over the plaint schedule items and decreed the counter filed by the 1st defendant allowing recovery of possession on the basis of Ext.B1/A2 title of the 1st defendant. In fact, the suit was one filed by the appellant herein as plaintiff seeking declaration of title over the plaint A and B schedule properties and also seeking permanent prohibitory injunction restraining the defendants from obstructing running of a bakery business in plaint B schedule room.

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