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2025 Supreme(Online)(Ker) 24785

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
K.P.JOHN – Appellant
Versus
SECRETARY KUNDARA GRAMA PANCHAYAT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LEO GEORGE, SRI.K.P.SUJESH KUMAR, SRI.M.SUNIL
For the Respondents: SRI.ALEX N.MATHEW, SRI.JAMES JOSE, SRI.H.RAMANAN

Table of Content
1. plaintiffs allege encroachment by panchayat. (Para 1 , 2 , 3 , 4)
2. issues on notice requirements under section 249. (Para 5 , 6)
3. court's view on the validity of the defendent's claim. (Para 10 , 11)
4. court restores trial court's decision. (Para 12)

JUDGMENT

1. The plaintiffs in a suit for prohibitory and mandatory injunction are the appellants. The plaintiffs are husband and wife. According to the plaintiffs, the plaint schedule property, which has an extent of 11.59 acres of land, belongs to them as per Ext.A1 sale deed. There is a canal passing north- south through the eastern portion of the said 11.59 Acres of land. The defendants are the Grama Panchayat and two Ward members. They encroached into the eastern portion of the plaint schedule property and constructed a granite foundation in the middle of the eastern boundary of the plain schedule property. Hence, the suit was filed seeking a mandatory injunction to remove the said basement constructed by the defendant on the eastern portion of the plaint schedule property and also to restrain them from encroaching into the plaint schedule property.

2. The defendant, Nos.1 to 3, filed a Written Statement contendin

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