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2025 Supreme(Online)(KER) 3205

HIGH COURT OF KERALA
T. R. Ravi, J
SRI LALITHA KALA YUVAJANA SAMAJAM (SLKYS) – Appellant
Versus
SAJEEV P.R – Respondent


Advocates:
SRI VIMAL T.S., MS.REENA MENDEZ, SRI SANDEEP P JOHNSON, SRI K.P.MADHU, SRI M.N.SANJITH FOR R1, SRI JAISON JOSEPH FOR R1, SRI SATHIAN A.P. FOR R1

JUDGMENT

This appeal is filed by the first defendant in O.S.No.147/2015 on the file of the Munsiff’s Court Vaikom, against the concurrent judgments and decrees in the suit and A.S.No.50 of 2019 on the file of the District Court, Kottayam. The suit was filed by the 1st respondent herein and the 2nd and 3rd respondents were the 2nd and 3rd defendants in the suit. The parties are referred to as per their status in the suit.

2. The suit is filed for the declaration of title over the plaint schedule property, recovery of possession and mesne profits, and also for a consequential prohibitory injunction. The plaintiff claimed title based on a Will executed in his favour, and it is alleged in the plaint that, taking advantage of the fact that the plaintiff was residing away from the plaint schedule property, the defendants obstructed the plaintiff's entry into the petition-schedule property and falsely claimed right over it.

3. Defendants denied the execution of the Will and contended that the plaintiff had no possession over the plaint schedule property. The trial Court decreed the suit as prayed for by judgment and decree dated 24.11.2018. The appeal preferred by the first defendant against

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