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A. BADHARUDEEN
M. R. Radhakrishnan S/o Late Raman – Appellant
Versus
K. Anathan Nambiar S/o Kunjambu Nambiar – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
1. Defendants 1 and 2 in O.S. No. 426/2009 on the files of the 1st Additional Munsiff Court, Ernakulam, who are aggrieved by the decree and judgment in the above Suit and in A.S. No. 2/2015 dated 31.01.2022, on the files of the Sub Court, Ernakulam, assail the same in this Second Appeal filed under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure.
2. I shall refer the parties in this appeal with reference to their status before the trial court, as ‘plaintiffs’ and ‘defendants’ hereafter for easy reference.
3. Heard the learned counsel for the appellants/plaintiffs as well as the contesting respondents, on admission. Perused the records.
4. Plaintiffs filed the suit for fixation of boundary and permanent prohibitory injunction. According to the plaintiffs, plaint schedule property having an extent of 41.40 Ares belong to them. The 1st plaintiff purchased 33.70 Ares of land as per document Nos. 4111/2005 and 4113/2005 and the 2nd plaintiff purchased 7.70 Ares of land as per document No. 4112/2005. Thus total extent of 41.40 Ares of land lying as a single contiguous plot, without demarcation. The plaintiffs’ case further is that the defen
When a Suit is withdrawn with liberty to file a fresh Suit on the same subject matter without imposing any terms/restriction, the plaintiff/s could very well institute a fresh Suit on the same subjec....
The main legal point established in the judgment is that the court upheld the respondent's claim of encroachment and violation of building regulations by the appellants, leading to the decree in favo....
The main legal point established is the importance of considering all evidence, addressing objections, and following procedural requirements in property disputes, along with the applicability of the ....
The duty of the First Appellate Court to record findings on all issues of law and facts, the admissibility of documentary evidence, and the application of res judicata.
A simple suit for injunction is not maintainable when there is a dispute over title, and the plaintiffs must prove possession within the claimed boundaries.
Possession based on title is crucial in a property dispute, and the absence of a plea of adverse possession can impact the application of the Limitation Act.
The first appellate court should not re-interpret evidence without proper grounds, and the defendant's challenge to an exparte decree should be limited to the legality of the trial court decree based....
Perpetual injunction cannot be granted without clear identification of disputed property.
A registered sale deed carries with it a presumption that it was validly executed, and the onus of proof is on the person challenging the genuineness of the transaction to show that it is not valid i....
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