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2021 Supreme(Online)(KER) 29944

HIGH COURT OF KERALA
N.ANIL KUMAR, J
P.T.JOHNY – Appellant
Versus
KHADI AND VILLAGE INDUSTRIES BOARD – Respondent


Advocates:
SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN, SRI.N.RAJAGOPALAN NAIR, SC, KERALA KHADI AND VILLAGE INDUSTRIES BOARD

JUDGMENT

The plaintiff in O.S.No.790 of 2015 on the file of the Additional Munsiff's Court, Alappuzha is the appellant. The defendants are the respondents. The appellant instituted the suit seeking a decree of permanent prohibitory injunction restraining the defendants from constructing compound wall on the Northern boundary of plaint schedule item No.2 property, blocking the passage and vehicular traffic of the plaintiff through the plaint schedule item No.3 property, or obstructing the same in any manner. According to the plaintiff, the plaintiff is the owner in possession of plaint item No.1 property pursuant to the settlement deed No.948/2010 of Alappuzha Sub Registrar's Office. The plaint schedule item No.2 property is admittedly the property owned and possessed by the defendants 1 and 2. The 1st defendant is the Khadi and Village Industries Board and the 2nd defendant is its Project Officer respectively. The plaint item No.3 is described as a way available through the plaint schedule item No.2 property having a width of 3.5 metres and length of 40 metres starting from the gate situated in front of the residential building of the plaintiff on the Northern boundary wall of plai

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