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2010 Supreme(Online)(KER) 24521

HIGH COURT OF KERALA
HARUN-UL-RASHID, J
VELLARIKKAL KOYAKUTTY – Appellant
Versus
THIYYATH PADMANABHAN – Respondent


Advocates:
SRI.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH, SRI.R.RAMADAS

JUDGMENT

Petitioner is the plaintiff in O.S.No.624/05 on the file of the Munsiff's Court, Kozhikode-II. The suit was filed for permanent prohibitory injunction restraining the defendants from entering or reducing into their possession of the plaint schedule property. The respondents herein are the defendants in the suit. Ext.P1 is the copy of the plaint. It is the plaintiff's case that he is in exclusive possession and enjoyment of the plaint schedule property and that the defendants have no manner of right in it.

2. In the written statement filed by th defendants it is inter alia contended that they are in possession and enjoyment of the plaint schedule property. They claimed title and possession over the suit property.

3. The plaintiff in the suit filed I.A.No.4111/07, marked as Ext.P3, for amendment of the plaint. Ext.P2 is the written statement filed. Ext.P4 is the copy of the objection filed by the respondents herein opposing the prayer for amendment of the plaint. Ext.P5 is the order passed by he court below dismissing the the said I.A.

4. The suit was originally filed for permanent prohibitory injunction. In the light of the written statement filed claiming title and possession

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