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2024 Supreme(Online)(KER) 15951

HIGH COURT OF KERALA
K. Babu, J
K.JANAKI – Appellant
Versus
K.RETNAKARAN – Respondent


JUDGMENT

These Regular Second Appeals arise from the common judgment and decree passed by the Munsiff’s Court, Thalassery in O.S.Nos. 151 of 2002 and 376 of 2003. Plaintiff Nos. 1 and 2 in O.S.No.151 of 2002 are the appellants in RSA No.955 of 2012. Defendant No.2 and the legal representatives of defendant No.3 are the respondents. Defendant Nos. 1 to 3 in O.S.No.376/2003 are the appellants in RSA No.220 of 2012. The sole plaintiff is the respondent.

2. The parties and the subject matter will hereinafter be referred to with reference to O.S.No.376 of

2003.

3. O.S.No.376 of 2003 is a suit for injunction.

O.S.No.151 of 2002 is a suit for fixation of boundary and injunction. In O.S.No.376 of 2003, plaint A Schedule property is described as 10.58 cents of land. The plaint B Schedule property is described as 11.4 cents of land. The plaint C Schedule is described as a way. Plaintiff is the owner of plaint A schedule property. Defendants are the owners of plaint B Schedule property. Plaint B schedule property in O.S.No.376/2003 is the plaint schedule property in O.S.No.151 of 2002. The extent of the plaint schedule property in O.S.No.151 of 2002 is stated to be

15.25 cents of land.

4. Both the

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