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2024 Supreme(Ker) 306

C. PRATHEEP KUMAR
Kamalamma, W/o. K. T. Buoy – Appellant
Versus
Shibu, S/o. Prabhakaran – Respondent


Advocates Appeared:
For the Appellant : Srinath Girish, P. Jeril Babu, Halvi K.S.
For the Respondent: Sri. R. Rekha, V.V. Asokan (SR.), Sri. R. Azad Babu.

 

1. This Second Appeal is filed under Section 100 r/w Order XLII of CPC by the additional respondents 2 to 5 in A.S.127/2008 on the file of the District Court, Alappuzha, who are the legal representatives of the plaintiff in O.S.3/2001 on the file of the Principal Munsiff's Court, Alappuzha, against the judgment dated 30.11.2013, allowing the above appeal and dismissing the above Suit. For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial Court.

2. The brief facts necessary for the disposal of this appeal are extracted below :

The plaintiff obtained 37.25 cents of landed property comprised in Survey No.335/4/11 of Paravur (old Punnapra) village as item No.1 in Ext.A1 gift deed No.424/75 of SRO, Alappuzha. As per Ext.A2 sale deed, he had sold 13 cents to the 1st defendant and as per Ext.A3, 14 cents was sold to the 2nd defendant from out of the above 37.250 cents. The remaining 10.250 cents is the plaint schedule property. Alleging that, because of some mistake in the re-survey records, the defendants are not permitting him to enjoy the plaint schedule property, he filed the suit for declaration of title and recovery of possession of

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