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2025 Supreme(Online)(KER) 11567

HIGH COURT OF KERALA
M.A. ABDUL HAKHIM, J
THAMPI – Appellant
Versus
MARY ABEL – Respondent


Advocates:
SRI.P.M.JOSHI SRI.T.S.NAZIMUDDIN SMT.SIJI K.PAUL FOR R1 TO R3 K.J.KURIACHAN SUNIL JACOB

JUDGMENT :

(M.A. ABDUL HAKHIM, J.)

1. The appellants are the plaintiffs in a suit for a permanent prohibitory injunction. They are siblings. The permanent prohibitory injunction was claimed with respect to plaint A schedule item No.1 and 2 properties. Plaint A schedule item No.1 has 54 cents, and Plaint B schedule item No.2 has 38 cents of land. As per plaint allegations, plaint A schedule item No.1 property is situated on the eastern side, and plaint A schedule item No.2 property is situated on the western side of the plaint B schedule property. The plaintiffs' father, Cheria, derived the plaint schedule property as per Ext A2 document of the year 1112 ME. The 1st plaintiff is residing in the plaint A schedule property. The grandfather of the plaintiff, Ithak, had 1 Acre of 52 cents of land after excluding plaint schedule A property having 92 cents; the balance property having an extent of 60 cents, remained with the grandfather. The said 60 cents is plaint B schedule property. Plaint A and B schedule property are lying without any boundary. The plaintiffs also sought an injunction with respect to the right over the C schedule pathway on the ground that originally, there was a thond

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