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2024 Supreme(Ker) 259

A. BADHARUDEEN
Balakrishnan S/o Attassery Veettil Raman Vaidyar – Appellant
Versus
Afsal S/o Kinattingal Veettil – Respondent


Advocates:
Advocate Appeared:
For the Appellants : P.C. Chacko, Asha P. Kuriakose, Sheril Abraham.

JUDGMENT :

A. BADHARUDEEN, J.

1. This regular second appeal has been filed under Section 100 read with Order XLII Rule 1 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 29.07.2020 in A.S. No. 90/2014 on the files of the Additional District Court, Ottapalam, arose out of the judgment and decree dated 25.08.2014 in O.S. No. 190/2012 on the files of the Munsiff's Court, Pattambi. Appellants herein are the defendants in the above Suit. Respondents herein are the plaintiffs.

2. Heard the learned counsel for the defendants/appellants on admission. Perused the verdicts of the trial court and the appellate court along with the records.

3. I shall refer the parties in this regular second appeal as 'plaintiffs' and 'defendants' for convenience.

4. Plaintiffs instituted a suit seeking the relief of permanent prohibitory injunction restraining the defendants from trespassing upon the plaint schedule property. According to the plaintiffs, they obtained the plaint schedule property on the strength of a Marupattam sale deed No. 1191/2012 of SRO, Pattambi and have been in absolute ownership and possession thereafter. As on 25.11.2012, the defendants made attempt to encro

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