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2023 Supreme(Ker) 915

A. BADHARUDEEN
Sukumari B. S. – Appellant
Versus
Jayarajan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.Krishna Mani, N.V.Sandhya, Dhanuja M.S

JUDGMENT :

Feeling aggrieved by the decree and judgment in O.S.No.906/2011 on the files of the Principal Munsiff Court, Thiruvananthapuram dated 22.12.2020 and its confirmation as per decree and judgment in A.S.No.34/2021 dated 07.12.2022 by the District Court, Thiruvananthapuram, the defendant in the above Suit has preferred this Second Appeal under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure. The plaintiffs are the respondents in this case.

2. I shall refer the parties in this appeal with reference to their status before the trial court, as ‘plaintiffs’ and ‘defendant’ hereafter for easy reference.

3. Heard the learned counsel for the defendant/appellant on admission.

4. Perused the judgments under challenge and the records of the lower court.

5. This Suit originated, according to the plaintiffs, when the defendant encroached upon the plaint schedule property and started to reside at the building situated therein after breaking open the lock of the building after parting title and possession of the same in view of sale deed No.2371/2008 of Thiruvallom S.R.O in favour of the plaintiffs. Accordingly, the plaintiffs sought perpetual as well as mandatory injunct

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