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2021 Supreme(Online)(KER) 37961

HIGH COURT OF KERALA
N.ANIL KUMAR, J
CHANDRIKA – Appellant
Versus
SUDHAKARAN – Respondent


Advocates:
MEREENA .J. JOSEPH

J U D G M E N T

This Regular Second appeal is directed against the judgment and decree dated 16.3.2018 in A.S.No.82/2016 on the file of the Sub Court, Perumbavoor, (hereinafter referred to as 'the first appellate court') which arose from the judgment and decree dated 22.12.2015 in O.S.No 117/2012 on the file of the Munsiff's Court, Perumbavoor (hereinafter referred to as 'the trial court'). The appellants in the appeal are plaintiffs in O.S.No.117/2012 and the respondent is the defendant therein. The parties are hereinafter referred to as 'the plaintiff' and 'the defendants' according to their rank in the trial court unless otherwise stated.

2. The suit was one for fixation of boundary, declaration of title, recovery of possession, both mandatory and permanent prohibitory injunction. The trial court decreed the suit in part directing the defendant by a mandatory injunction to remove the construction made in the respective plaint schedule property. The defendant was also restrained by a decree of permanent prohibitory injunction from trespassing into the properties of the plaintiff. However, the prayer for fixation of boundary was declined. The plaintiffs did not prefer any appeal ch

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