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2021 Supreme(Online)(KER) 27289

HIGH COURT OF KERALA
N.ANIL KUMAR, J
M.RAGHUNATHAN – Appellant
Versus
RAGHUPRASAD – Respondent


Advocates:
SRI.S.M.PREM, SRI.K.RAJEEV, SRI.P.RAMACHANDRAN (PALAKKAD), SRI.H.NARAYANAN, SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.SABU GEORGE, SRI.P.B.SUBRAMANYAN

ORDER

The review petitioner is the defendant in O.S.No.536/2012 of the Principal Munsiff's Court, Palakkad (hereinafter referred to as 'the trial court'). The suit was filed for an injunction restraining the defendant and his men from causing any disturbance or hindrance to the transportation through the plaint B schedule property; restraining the defendant and his men from entering into the plaint B schedule property; restraining the defendant and his men from causing any obstruction to construct compound wall on the southern side of A schedule property.

2. The trial court dismissed the suit on 31.1.2015.

The plaintiffs preferred appeal as A.S.No.59/2015 before the District Court, Palakkad (hereinafter referred to as 'the first appellate court'). The first appellate court allowed the appeal in part and decreed the suit as follows:-

“25. In the result, the appeal is allowed and suit is decreed in part as follows:

(a) The defendant and his men are restrained by permanent prohibitory injunction from parking any vehicles in plaint B schedule pathway. Defendant is further restrained by a decree of permanent injunction from causing obstruction to plaintiffs reconstructing either the southern

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