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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
THE KERALA STATE ELECTRICITY BOARD REPRESENTED BY THE SECRETARY – Appellant
Versus
C.M.KUNJUMUHAMMED – Respondent
| Table of Content |
|---|
| 1. facts related to the ownership and possession of property. (Para 2) |
| 2. arguments presented regarding ownership and injunction. (Para 4 , 5) |
| 3. court's observations concerning legal processes and injunctions. (Para 6 , 8 , 9) |
| 4. final decision modifying the judgment in favor of due process. (Para 10) |
JUDGMENT
The Kerala State Electricity Board (KSEB) has come up in the present appeal aggrieved by the concurrrent findings recorded by the Munsiff Court, Devikulam, in O.S.No.20/2003 and District Court, Thodupuzha, in A.S.No.32/2007.
2. The brief facts necessary for the disposal of the appeal are as follows:
The respondent/plaintiff instituted a suit for permanent prohibitory injunction restraining the KSEB from interfering with the enjoyment of the plaint schedule property which consists of two buildings. According to the plaintiff, the property is cultivated with various yielding plants and he is having well demarcated boundaries. The defendant resisted the suit contending that the defendant is the true owner of the property and that the KSEB has permitted the plaintiff’s father to run a temporary tea shop in the area situated on the northern side of the Top Station Road i
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