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2024 Supreme(Online)(KER) 7874

HIGH COURT OF KERALA
V. G. Arun, J
KALYANI KAMALA – Appellant
Versus
PRATHAPAN – Respondent


Advocates:
ADV SRI.V.L.SHENOY, SMT.C.G.AJITHA, SMT.C.G.BINDU

ORDER

The petitioner is the defendant in O.S.No.161 of 1988 of the Principal Munsiff's Court, Cherthala. The suit was filed by the predecessor-in-interest of the respondents seeking a mandatory injunction against the petitioner from encroaching upon and destroying the 'varamba' on the southern boundary of her paddy land admeasuring 20 cents. The petitioner filed written statement and raised the counter claim contending that the varamba was in her possession and the plaintiff had put up barred wire fencing on the varamba by encroaching upon the petitioner's property. The petitioner, therefore, in her counter claim, prayed for mandatory injunction to direct the plaintiff to remove the barred wire fence put up on the varamba and to declare the petitioner's title over the varamba having an approximate extent of 4 cents. The trial court dismissed the suit and decreed the counter claim. The first and second appeals filed by the plaintiff against the judgment and decree were concurrently dismissed. Thereupon, the petitioner sought execution of the decree in her favour by filing E.P.No.224 of

2016. Therein, the respondents filed objection contending that the counter claim schedule is not app

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