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2022 Supreme(Online)(KER) 53933

HIGH COURT OF KERALA
SREEDHARAN PARAPRATH, – Appellant
Versus
SAHADEVAN P., – Respondent


J U D G M E N T

The original petition is filed to set aside the order in I.A.No.4/2021 in O.S.No.412/2016(Ext.P12) passed by the Court of the Munsiff, Kuthuparamba.

2. The petitioner’s case, in the nutshell, in the memorandum of the original petition, is that; he is the plaintiff in the above court filed against the respondents. The petitioner has sought for a decree of permanent prohibitory injunction against the respondents from trespassing into the plaint scheduled property. The suit has been resisted by the respondents, who have filed Ext.P2 written statement. Pursuant to Ext.P3 application filed by the petitioner, an Advocate Commissioner was appointed and Ext.P4 commission report is on record. In the meantime, the first respondent has filed O.S.No.353/2016(Ext.P5) before the same court, against the petitioner, also seeking a decree of permanent prohibitory injunction. The petitioner has filed Ext.P6 written statement to Ext.P5. Exts.P1 and P5 suits are being consolidated and being jointly tried. The respondents have filed Exts.P7 in Ext.P5, seeking leave to amend the pleadings. Even though the petitioner had filed Ext.P8 counter affidavit, the court below granted leave to amen

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