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2025 Supreme(Online)(Ker) 58819

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
R. NARAYANAN @ MAHESH – Appellant
Versus
K.K. GANAPATHY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SAJI VARGHESE KAKKATTUMATTATHIL, SRI.AMAL XAVIER
For the Respondents: SRI.P.MARTIN JOSE, SRI.V.A.JOHNSON, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SMT.ANNA LINDA EDEN, SMT.ANAVADYA SANIL KUMAR, SMT.ANJALI KRISHNA

Table of Content
1. claim of possessory rights by the appellant. (Para 1 , 2)
2. discussion on the arguments raised by both parties. (Para 4 , 6)
3. court finds failure to establish rights. (Para 7 , 8)
4. final ruling on the dismissal of the appeal. (Para 9)

JUDGMENT

This appeal arises out of the order passed by the Principal Munsiff Court, Ernakulam in an application filed under Order XXI Rule 97 of the Code of Civil Procedure (CPC), 1908.

2. The appellant, a third party, resisted the execution of a decree passed in RCP No.118 of 2021 before the Principal Munsiff Court, Ernakulam. The plea raised on behalf of the appellant was that the execution of a decree in RCP No.118 of 2021 cannot be effected because the appellant has a possessory right over the building in question. It is contended that the appellant and his sister, who is the wife of the Decree Holder, were co-owners with respect of the property comprised of 5.580 cents in Survey No.35/2-B and 4.420 cents comprised in Survey No.32/2-C of Edappally South Village together with a two storied residential building. Thereafter, the appellant had executed a registered Power of Attorney as 258/2001 of SRO Edappally and the property w

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