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2015 Supreme(Online)(KER) 13882

HIGH COURT OF KERALA
A.V.RAMAKRISHNA PILLAI, J
P K NALINI – Appellant
Versus
POOVAKKOTH SAUDA – Respondent


JUDGMENT

The regular second appeal is directed against the judgment and decree in A.S.No.161/2008 on the file of II Additional Sub Court, Kozhikode, which arose out of the judgment and decree in O.S.No.317/2007 on the file of Additional Munsiff Court-I, Kozhikode. The Civil Revision Petition is directed against O.S.No.160/2008 of the same Sub Court which arose out of the decree and judgment in O.S.No.523/2007 on the file of the same Munsiff Court.

2. O.S.No.317/2007 was instituted by the appellant for permanent prohibitory as well as mandatory injunction, against the respondent, alleging that she acquired the plaint schedule property by a registered jenmam deed of the year 1971. According to the appellant, the property is situated in Re-survey Nos.21- 19-568, 569, 570, 571, 572, 579 and 580 in Panniyankara Village of Kozhikode Taluk and it is a strip of land, bounded on the east by the Calicut Madras Trunk Road (NH 17) and on the west by the railway line. She alleged that her predecessor in interest had executed a kanam deed in favour of one Sundarampalli Pathumabi in the year 1929. As per the kanam deed, Sundarampalli Pathumabi was given an extent measuring 2 1/3 x 15 six feel k

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