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2025 Supreme(Online)(Ker) 40749

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A. ABDUL HAKHIM, J
Lathakumari – Appellant
Versus
Satheeshkumar – Respondent


Advocates:
For the Appellants/Petitioners: G.S. Reghunath, K. Rajesh Kannan, A.S. Shammy Raj, P. Shanes
For the Respondents: R.S. Kalkura, Harish Gopinath, M.S. Kalesh, Preethi R. Nair, M. Ramaswamy Pillai

JUDGMENT

[RSA Nos.766/2014, 160/2013]

1. These two Regular Second Appeals arise from two suits – O.S No.429/2002 and O.S No.481/2002 of the Principal Munsiff’s Court Nedumangad, which were disposed by a common judgment and hence these Appeals are also disposed by a common judgment.

2.O.S No. 429/2002 is a suit for declaration and injunction filed by the plaintiff against his father, sister and mother as the defendants 1 to 3. O.S No. 481/2002 is filed for injunction by the 2nd defendant in O.S No. 429/2002 against the plaintiff and the defendants 1 and 3 in O.S No. 429/2002.

3. The parties are referred according to their status in O.S No. 429/2002.

4.The plaint schedule property consists of two items of 30 cents each which originally belonged to the 1st defendant father as per Sale Deed No.1222 / 1974 and Sale Deed No. 1240/1977. There is a residential building in plaint schedule Item No.1. The 1st defendant executed Ext.A1 settlement Deed of the year 1994 in favour of the plaintiff settling the plaint schedule property in favour of the plaintiff.

5.The case of the plaintiff is that the 2nd defendant falsely created Ext.A9/X1 Power of Attorney dated 19.02.1998 in favour of the 1st defend

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