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2022 Supreme(Online)(KER) 9747

MANNAMBATH AMMAD – Appellant
Versus
MATHATH THARUVAYI HAJI – Respondent


JUDGMENT

Plaintiff in O.S.191/2014 on the file of Munsiff Court, Nadapuram, who are aggrieved by the order dated 1.1.2022 in I.A.22/2021, have filed this Original Petition under Article 227 of the Constitution of India. The respondents herein are the defendants in the Suit. At the time of admission itself, Advocate R.K.Muraleedharan filed vakalat for R22 to R30. Thereafter, notice was issued to the other respondents by special messenger, but nobody appeared.

2. Heard the learned counsel for the petitioners Sri.

P.A.Augustine as well as Sri R.K.Muraleedharan, appearing for R22 to R30.

3. The learned counsel for the plaintiffs submitted that the plaintiffs filed the suit O.S.191/2014 for partition of 3 items of property, viz., 1 acre 81 cent, 2 acre 33 cent and 7 acre 33 cent, describing the same as one included in re- survey No.30. A commission was deputed to locate and measure out the property. According to the learned counsel for the petitioners, the plaintiffs are claiming right in respect of the above items of property based on document No.1269/53 (a partition karar). In the petition, the petitioners raised a contention that the re-survey number shown in the plaint schedule descript

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