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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
SARASWATHY – Appellant
Versus
SALIM SHA – Respondent
| Table of Content |
|---|
| 1. plaintiff's appeal for property declaration. (Para 1 , 2) |
| 2. court analysis on evidence and proceedings. (Para 3 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. arguments on evidence omission and fraud. (Para 5 , 6) |
| 4. confirmation of trial court's judgment. (Para 14) |
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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 plainti
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