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2025 Supreme(Ker) 1068

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN, J
REYNOLD S/o. C.R.SEBASTIAN – Appellant
Versus
CORAL BERNARD – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV SAJAN MANNALI
For the Respondent: BY ADVS. SINDHU SANTHALINGAM FOR R1-R3 ALPHIN ANTONY FOR R4 TO R8 VISAKH ANTONY(K/573/2014) FOR R4 TO R8 A.D.SHAJAN FOR R1-R3

JUDGMENT :

1. This Regular First Appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, challenging the decree and judgment dated 30.11.2018 in O.S.No.22/2016 on the files of the Sub Court, Kochi. The appellant herein is the 2nd defendant and the respondents herein are the additional plaintiffs 2 to 4 and additional defendants No.7, 3, 4, 5 and 6 respectively.

2. Heard the learned counsel for the appellant/2nd defendant and the learned counsel appearing for the additional plaintiffs in detail.

Perused the trial court records.

3. I shall refer the parties in this appeal with reference to their status before the trial court.

4. The original plaintiff filed the Suit seeking relief of mandatory injunction and recovery of possession of the plaint schedule item. During the trial, the original plaintiff expired and his legal heirs plaintiffs 2 to 4 got impleaded as additional plaintiffs. The 2nd defendant also expired during the trial and additional defendants 3 to 7 were impleaded as his legal heirs. According to the additional plaintiffs, the plaint schedule property along with the building therein was purchased by the original plaintiff from

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