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2025 Supreme(Online)(KER) 2554

HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
SELVI – Appellant
Versus
KANIKKAMMAN (DIED) REP. BY POWER OF ATTORNEY HOLDER SARPRASADAMARY – Respondent


Advocates:
SINDHU SANTHALINGAM, A.D.SHAJAN, JESSY S.SALIM, VINOD RAVINDRANATH, THAREEQ ANVER K.(K/000942/2018), MEENA.A.(K/001814/1995), K.C.KIRAN(K/621/2006), M.R.MINI(K/000153/1996), M.DEVESH(K/1253/2012), ASHWIN SATHYANATH(K/001035/2016), ANISH ANTONY ANATHAZHATH(K/000106/2019)

JUDGMENT

1. The defendants in the suit are the appellants herein. The Plaintiffs filed the suit originally for permanent prohibitory injunction. During the pendency of the suit, the plaintiffs incorporated a relief for recovery of possession also.

2. As per the amended plaint allegations, plaint A schedule property belonged to the first plaintiff as per Ext.A1 Sale Deed. In the year 2003, she sold one acre of land from the plaint A schedule property to the second plaintiff as per Ext.A3. The plaint A schedule property is a coconut garden and has been lying as a compact plot. The defendants have property on the eastern side of Plaint A schedule property. The defendants attempted to trespass into a portion of plaint A schedule property on 22.03.2011 and attempted to remove soil using JCB. Hence, the suit was filed. The Advocate Commissioner has denoted Plaint B schedule property as X, Y, Z as a part of Plaint A schedule property in the Commission Report and Plan. It is shown in Resurvey No.129/1 in the name of the defendants. As per old survey records, it is a portion of the plaint A schedule property. Plaintiffs are entitled to recover the same if it is found in the possession of the

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