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2025 Supreme(Online)(Ker) 56507

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
PRABHAKARAN – Appellant
Versus
HARIDASAN – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Srinath Girish, Sri.P.V.Anoop
For the Respondents: Sri.M.Pramodh Kumar, Sri.P.R.Sreejith, Sri.Srinath Girish, Sri.P.Jeril Babu

Table of Content
1. fixation of property boundaries. (Para 2 , 4 , 6)
2. handling of advocate commissioner’s report. (Para 3 , 5 , 8 , 9)
3. jurisdiction of the trial court in evidence appraisal. (Para 10 , 11)
4. judgment on legal grounds upheld. (Para 12 , 14)

JUDGMENT

These appeals arise out of the concurrent findings recorded by the Principal Munsiff Court-II, Kozhikode in O.S.No.312 of 2009 and affirmed by the Additional District Court-IV, Kozhikode in A.S.No.51 of 2014 and hence taken up and disposed of by this common judgment. R.S.A. No.629 of 2015 is filed by the defendants 1 to 4 and R.S.A.No.671 of 2015 is filed by the defendants 5 and 6 in O.S.No.312 of 2009.

2. Brief facts necessary for the disposal of the appeals are as follows:

The respondents 1 to 3 – plaintiffs preferred a suit for fixation of boundary. Plaint A and B schedule properties originally belonged to the father of the plaintiffs 1 and 2 and to the 3rd defendant by partition deed No.2971 of 1954 and sale deeds Nos.820, 821, 822 of 1961. While plaint A and B schedule properties were in possession of one Ayyappan and the third plaintiff, Plaint B schedule property was sold to the father of the defendants as per sale

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