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2023 Supreme(Ker) 894

C. JAYACHANDRAN
Prasannan – Appellant
Versus
Sreelatha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Chithira Venugopal, P.B.Krishnan, P.B.Subramanyan, Manu Vyasan Peter, Sabu George, B.Anusree
For the Respondent: C.S. Manilal, S. Nidheesh , C.D. Anil

JUDGMENT :

The defendants in the suit, O.S.No.447/2022, of the Munsiff Court, Kayamkulam, are the petitioners herein. The suit is essentially one for declaration that a settlement deed executed by the husband of the 1st plaintiff in favour of the 1st defendant is void, non-est and invalid. Recovery of possession of Schedule B to F properties, upon declaring the plaintiffs title, is also sought for.

2. Along with the suit, the plaintiffs preferred I.A. No.1/2022 seeking an injunction restraining the 1st defendant from alienating plaint C to F schedule properties; from effecting further construction in plaint D schedule property; from obstructing plaint J schedule road; and from causing any obstruction to the peaceful possession and enjoyment of plaint A schedule property. As per Ext.P11 order, the learned Munsiff allowed I.A.No.1/2022 in part, restraining alienation of C to F schedule properties and obstructing the peaceful possession and enjoyment of plaint A schedule property by the plaintiffs. However, the injunction sought for from effecting further construction in plaint D schedule property was rejected. Both plaintiffs and the defendants carried Civil Miscellaneous Appeals from

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