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2025 Supreme(Online)(Ker) 58685

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. EASWARAN S., J
KANNIYATH KOUSU ALIAS KOUSALLIA (DIED) LRS IMPLEADED – Appellant
Versus
UPPOT MAHESH – Respondent


Advocates:
For the Appellants/Petitioners: R. Surendran
For the Respondents: C. Muralikrishnan (Payyanur), P.T. Girijan, Abraham George Jacob, Akshay R

EASWARAN S., J.

----------------------------

R.S.A. No.373 of 2015 &

Cross Objection No.21 of 2016 ------------------------------------------

Dated this the 19th day of November, 2025

JUDGMENT

Plaintiff in a suit for mandatory injunction and eviction has come up in this appeal against the judgment in A.S. No.66 of 2011 on the files of the Principal Sub Court, Thalassery, which reversed the judgment and decree in O.S. No.208 of 2006 on the files of the Munsiff Court, Kuthuparamba. The Cross Objection is also directed against the judgment of the Principal Sub Court, Thalassery, as it rejected the claim of the defendants for protection under Section 106 of the Kerala Land Reforms Act , 1963.

2. The brief facts necessary for disposal of the appeal are as follows:

The appellant/plaintiff instituted the suit for a mandatory injunction directing the defendants to demolish the shed and the lime kiln in the plaint B schedule and to remove the materials and to quit the plaint B schedule property. According to the plaintiff, the property belonging to the plaintiff is shown as plaint A schedule and a portion thereof was granted to one late Kunjikannan, the father of defendants 1 and 2 and maternal g

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