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2025 Supreme(Online)(Ker) 46988

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
SARASWATHY – Appellant
Versus
SALIM SHA – Respondent


Advocates:
For the Appellants/Petitioners: J.Jayakumar, S.Jiji
For the Respondents: K.P.Antony Binu, Mini.V.A., Suresh Kumar Kodoth, Megha K.Xavier

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EASWARAN S., J --------------------------------

R.S.A No.852 of 2013 -------------------------------

Dated this the 13th day of August, 2025

J U D G M E N T

The plaintiff in a suit for declaration of title, possession and permanent prohibitory injunction has come up with this appeal aggrieved by the judgment dated 16.02.2013 on the files of the Sub Court, Kottarakkara in A.S. No.125/2007.

2. The brief facts necessary for the disposal of the appeal are as follows:-

O.S No.70/2005 was instituted by the mother of the additional appellants seeking for a declaration of title, possession and permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and committing any waste. According to the plaintiff, the 1st defendant had got a Power of Attorney executed by fraud and by virtue of the said Power of Attorney, the property was sold in favour of defendants 2 to 5. The plaintiff contended that the property belongs to her by virtue of a release deed executed on 23.08.1979 by the document No.3862/1979 executed by the plaintiff’s mother and her brothers. The plaintiff and her husband were doing business at Visakhapatnam and their residence was at

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