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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
VAZHAKKOT SREEDEVI – Appellant
Versus
KADAVATH VASU, P. GOVINDAN, P. CHANDRI – Respondent
| Table of Content |
|---|
| 1. overview of the property dispute and history. (Para 1 , 2) |
| 2. court's examination of the appeals and procedural issues. (Para 4 , 7) |
| 3. arguments regarding the reversal of the lower court's findings. (Para 6) |
| 4. final judicial reasoning on legal standards for case resolution. (Para 8) |
J U D G M E N T
The present second appeal is preferred by the plaintiff aggrieved by the judgment and decree of the III Additional District Court, Kozhikode in AS No.264/2006 dated 13.6.2011, by which the judgment and decree of the Additional Munsiff’s Court-I, Kozhikode dated 1.12.2005 in O.S.No.714/2003, a suit for recovery of possession and permanent prohibitory injunction, were reversed by the first appellate court.
2. The brief facts necessary for the disposal of the appeal are as follows:
The plaint schedule property originally belonged to the plaintiff’s father, Kandakutty @ Appukutty, who executed a settlement deed, document No.2946/2003 of Kakkodi Bazar in favour of the plaintiff and she is in exclusive ownership and possession of the same. The defendants are the children of late Sankaran, the brother of the plaintiff’s father. The 1st defendant is the owner of four cents of prop
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