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2023 Supreme(Ker) 1050

Nandini Amma – Appellant
Versus
Krishnan – Respondent


Advocate Appeared:
For the Appellant :Sri. K.Ramakumar (Sr.), Smt. Saritha Varma, Advocates.
For the Respondent:Smt. Meena.A., Sri. K.R.Avinash Kunnath, Sri. Vinod Ravindranath, Smt. M.R.Mini, Sri. Abdul Raoof Pallipath, Sri. Ashwin Sathyanath, Sri. T.Krishnan Unni Sr., Sri. K.Ramachandran, Sri. Rohit Nandakumar, Sri. P.Ramachandran, Advocates.

JUDGMENT :

Anil K. Narendran, J.

The appellant filed O.S.No.1 of 1986 before the Munsiff Court, Ponnani, against the defendants seeking a degree for recovery of possession of plaint A schedule property on the strength of her title and a decree for a mandatory injunction directing the defendants to demolish the wall in plaint A schedule property, which forms part of plaint B schedule property. Going by the averments in the plaint, plaint B schedule property belonged to the plaintiff's mother, Devaki Amma. The plaintiff obtained right over the said property by virtue of Ext.A1 registered Will dated 15.10.1979. The property described in plaint C schedule was assigned by Devaki Amma in favour of the 1st defendant. The property belonging to the plaintiff lies on all four sides of the property assigned to the 1st defendant. The 1st and 2nd defendants have constructed a wall in plaint A schedule property. When the husband of the plaintiff enquired about the construction made by the 1st and 2nd defendants, they told him that the said property belonged to them. The defendants have trespassed upon plaint A schedule property and reduced it to their possession. Therefore, the plaintiff is entitl

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