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2025 Supreme(Ker) 1458

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Radhakrishnan Karthav S/o Late Gopalapanicker – Appellant
Versus
Nabeesa W/o A.K. Muhammed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.M.RAMESH CHANDER (SR.), SRI.ANEESH JOSEPH, SRI.DENNIS VARGHESE
For the Respondent: SRI.P.THOMAS GEEVARGHESE

JUDGMENT :

EASWARAN S., J.

The appeal is preferred by the plaintiffs aggrieved by the dismissal of O.S.No.16/2006 as per judgment dated 31.01.2012 by the Munsiff’s Court, Perumbavoor, as confirmed by the first appellate court (Sub Court, Perumbavoor) in A.S.No.47/2012 by judgment dated 23.08.2013.

2. The brief facts necessary for the disposal of the appeal are as follows:

The appellants/plaintiffs filed a suit for declaration of title, recovery of possession, and permanent prohibitory & mandatory injunction. In the year 1991, the predecessor of the plaintiffs, Sri.Gopalapanicker, purchased a two storied building and property as per sale deed No.2665/91 of SRO, Perumbavoor. The said Gopalapanicker entrusted that building to the 1st plaintiff for running textile business. In the year 1994, Sri.Gopalapanicker bequeathed the said property to the 1st plaintiff as per Will Deed No.38/1994 of SRO, Perumbavoor. The plaint schedule property is situated in re-survey No.4 in Block No.78 of Perumbavoor Village. In the rear side of the aforesaid two storied building, there is a courtyard and there exists a pit for flow of rain water to the drainage on the side of M.C. Road. In the year 2005, a port

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