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2013 Supreme(Online)(KER) 28641

HIGH COURT OF KERALA
P.N.RAVINDRAN, J
O M JOHNSON – Appellant
Versus
JAMES – Respondent


JUDGMENT

The petitioner is the additional fifth defendant in O.S.No.143 of 2012 on the file of the Court of the Munsiff of Kattappana. The first respondent is the plaintiff and respondents 2 to 5 are defendants 1 to 4 respectively therein. The brief facts of the case are as follows:-

2. The first respondent herein as plaintiff instituted O.S.No.143 of 2012 on 20.4.2012 in the vacation court, joining respondents 2 to 5 herein as the defendants. Ext.P1 is a copy of the plaint in O.S.No.143 of 2012 above referred to. The relief sought in O.S.No.143 of 2012 is for a permanent prohibitory injunction restraining the defendants, their men and agents from trespassing upon the plaint schedule property and from obstructing the plaintiff's peaceful possession thereof and from committing acts of waste or mischief therein. The plaint schedule property is described as a parcel of land, 5.75 acres in extent, situate in R.S.Nos.542/2 and 542/5 of Anakkara Village, Udumbanchola Taluk, Idukki District and the building therein.

3. The case set out by the petitioner in the plaint is that the plaint schedule property belongs to Sri.George, S/o.Thomas, Manayath House, Chellarkovil Kara, Anakkara Village, U

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