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2025 Supreme(Online)(KER) 7686

HIGH COURT OF KERALA
K. Babu, J
S. SOMAN – Appellant
Versus
HARIHARAN ACHARI – Respondent


Advocates:
Sri. Mohan C. Menon, Sri. Millu Dandapani

JUDGMENT

The challenge in this Original Petition is to Ext.P7 order dated 04.11.2015 in I.A.No.2009 of 2013 in O.S.No.177/2009 on the file of the Munisff’s Court, Attingal. The plaintiff instituted the Original Suit for a declaration that the order of defendant No.1 (the Inspector General of Registration) dated 07.02.2006 directing to incorporate a footnote in the filing sheet of document No.433/1979, whereby the width of a way described in the document was reduced. The plaintiff impleaded the Registration Inspector General and the beneficiary of the property, (brother) as defendants.

2. The plaintiff, later, contended that during the pendency of the suit, the party defendant, his brother, trespassed upon the property and reduced the width of the way. It is contended that consequent to a correction in the width of the way by way of a footnote in the relevant document, defendant No.3 committed the alleged acts of trespass and mischief.

3. The plaintiff wanted to incorporate amendments in the plaint facilitating him to seek the relief of restoration of the property to its original position by way a mandatory injunction and other consequential reliefs.

4. The learned Trial Judge rejected

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