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2022 Supreme(Online)(KER) 1407

HIGH COURT OF KERALA
ABDUL KHADAR – Appellant
Versus
HUSSAIN RAWTHER – Respondent


COMMON JUDGMENT

[RSA Nos.710/2019 & 720/2019]

R.S.A.No.710/2019 has been directed against the judgment and decree in A.S.No.1/2019 on the files of Subordinate Judge's Court, Alappuzha, which arise out of the dismissal of the suit in O.S.No.152/2011 on the file of Munsiff's Court, Chengannur and R.S.A.No.720/2019 has been filed against the judgment and decree in A.S.No.2/2019 on the files of Subordinate Judge's Court, Alappuzha, which in turn arise out of the decree in counter claim in O.S.No.152/2011 on the file of Munsiff's Court, Chengannur.

2. O.S.No.152/2011 has been filed for a permanent injunction. Plaintiff is the appellant in R.S.A.No.710/2019 and first appellant in R.S.A.No.720/2019. (Parties would hereinafter be referred as per their status before the trial court).

3. Plaint schedule item No.1 property belongs to the paternal grandfather of the plaintiff having an extent of 4.2 Ares comprised in survey No.559/19 and obtained by the grandfather as per Partition Deed No.2989/1114 ME. As per thandaper it still stands in the name of grandfather. Plaintiff's father died in the year 1988 and after his death the property devolved upon the plaintiff and is in his possession and enjo

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