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2025 Supreme(Ker) 794

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J.
Peekkara Veetil Kunhiraman(Died,Lhrs Impleaded) – Appellant
Versus
Thekkeveetil Narayanan, S/O.Mani Amma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV M.GOPIKRISHNAN NAMBIAR
For the Respondents: ADV SRI.SURESH KUMAR KODOTH

JUDGMENT :

1. The plaintiff in a suit for permanent prohibitory injunction is the appellant. The plaint schedule property originally is shown as 85 cents of land in R.S.No.181/2 of Perole village. After the filing of the Ext.C1 Commission Report and Ext.C1(a) Plan, the extent was amended as 79.388 cents of land. Both sides admit that the Jenmom right of the plaint schedule property belonged to Vettakkorumakan Devaswom.

2. The plaintiff claimed that the plaintiff obtained kuzhikanam right over the plaint schedule property 50 years back. The defendant obtained Purchase Certificate with respect to an extent of 2 Acre 50 cents of land including the plaint schedule property as per order in I.A.No.10919/75. Immediately upon knowing the issuance of the Purchase Certificate, the plaintiff filed an Appeal before the appellate authority, and the same is pending consideration. The plaintiff is in possession and enjoyment of the plaint schedule property and paying government taxes and rent to the jenmi and making improvements. The plaint schedule property consists of improvements like jack tree, Kurukuthi tree cultivated by the plaintiff. The cause of action for filing the suit is that the defen

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