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2025 Supreme(Online)(Ker) 55530

IN THE HIGH COURT OF KERALA
M. A. Abdul Hakhim, J., M.A. ABDUL HAKHIM, J.
Bhaskaran v. K. Balan


Advocates:
For the Appellants/Petitioners: Sri. K. R. Arun Krishnan
For the Respondents: Sri. Pushparajan Kodoth

1. The defendants 2 to 6 and the legal heirs of the 1st defendant are the appellants. The suit was one for recovery of possession on the strength of title. Originally, the Plaint A Schedule property was 3/4 cents of land, with respect to which trespass was alleged against the defendants. The Trial Court dismissed the suit as per judgment dated 21.01.2009. The plaintiff filed A.S.No.26/2009, and the First Appellate Court allowed the Appeal remanding the matter back to the Trial Court, directing to dispose of the matter for fresh disposal after affording an opportunity to the plaintiff to incorporate sufficient pleadings and identification of the property as per Ext.B5 document and directing to give the opportunity to adduce further evidence.

2. Thereafter, the plaintiff took out a Commission, and the Commission Report was marked as Ext.C3 and the Plan was marked as Ext.C4. As per the said Report and Plan, the Advocate Commissioner found that the defendants have encroached into 206 Square Links in Sy. No.28/2A3 belonged to the plaintiff, which is covered by Ext.B5 document. After the filing of the Commission Report, the extent of the plaint A schedule property was amended as 206 Squar

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