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2024 Supreme(Online)(Ker) 86599

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Not specified, J
Legal heirs of Sri.M.V.Jose – Appellant
Versus
Sri. K.J. Mathew and Sri. M.P. Joseph – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Aneesh James
For the Respondents: Sri. S. Renjith

JUDGMENT

[RSA Nos.477/2024, 478/2024]

1. These appeals arise from two suits that were disposed of by a common judgment by the Trial Court and hence I consider both these appeals together. The appeals arising from the suits were also considered and disposed by a common judgment by the First Appellate Court.

2. The appellants in these appeals are legal heirs of Sri.M.V.Jose who was the plaintiff in O.S.No.163/2020 and the defendant in O.S.No191/2020 before the Trial Court. Sri.M.V.Jose died during the pendency of A.S.Nos 38 & 39 of 2023 filed by him before the First Appellate Court and the appellants herein were impleaded as Addl.appellants 2 to 5 in both the appeals.

3. The plaint Schedule room in both the suits is one and the same.

It is a shop room having Shutter No.1 of Room No.3 in a Shopping complex belonging to Arpookkara Grama Panchayat.

4. O.S.No.163/2020 was instituted for permanent prohibitory S injunction to restrain the defendants from trespassing into the plaint schedule room and from forcibly evicting and dispossessing the plaintiff from the plaint schedule room and from committing any act of mischief and nuisance causing damage to the articles in the plaint schedule room an

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