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2021 Supreme(Online)(KER) 1404

HIGH COURT OF KERALA
V. G. Arun, J
FRANCINA – Appellant
Versus
RAVIKUMAR – Respondent


Advocates:
RAJESH SIVARAMANKUTTY, SRI.ARUL MURALIDHARAN, SMT.JAEONA JAMES, SRI.SAJAN VARGHEESE K., SRI.LIJU.

JUDGMENT

The petitioner is the defendant in O.S.No.107 of 2020 on the files of the Munsiff’s Court, Chittoor. The respondent has filed the suit for a decree of permanent prohibitory injunction restraining the petitioner and her men from obstructing the possession and enjoyment of plaint schedule property by the plaintiff. As per the averments in plaint, the respondent had purchased the plaint schedule property from the petitioner as per Document No.1583 of 2018 dated 27.11.2018 of the Kozhinjampara SRO and is constructing a small thatched shed therein. While so, the petitioner approached the respondent requesting for reconveyance of the property. The respondent rejected her request and thereupon, the petitioner attempted to trespass upon the property.

2. In the suit, the respondent filed I.A.Nos.830 of 2020 for temporary injunction and I.A.No.940 of 2020 for evicting the petitioner from the plaint schedule property. The trial court allowed both interlocutory applications and directed the petitioner to vacate the premises within 15 days. Aggrieved, the petitioner preferred C.M.A.Nos.109 and 110 of 2020 before the Additional District Court, Palakkad. Hence, this original petition.

3. H

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