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2025 Supreme(Online)(Ker) 58880

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MALINGAN MANIYANI – Appellant
Versus
NARAYANAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.VIMAL VIJAY, SHRI.K.JAYESH MOHANKUMAR, SRI.PUSHPARAJAN KODOTH, SMT.VANDANA MENON
For the Respondents: SHRI.P.B.KRISHNAN (SR.), SRI.P.B.SUBRAMANYAN, SRI.SABU GEORGE, SRI.MANU VYASAN PETER

J U D G M E N T

The plaintiff in a suit for permanent prohibitory injunction is the appellant. The plaint A schedule property originally belong to one M.P.Balakrishnan, who was assigned with the property as per proceedings in L.A No.107/1985 dated 28.07.1987. Later a patta was granted to him on 29.02.1988 and thereafter M.P.Balakrishnan was in possession of the property. On 23.07.1991, the plaintiff purchased the property from M.P.Balakrishnan as per document No.1542/1991. On 12.02.1995, when the defendants residing near the suit property tried to trespass into the A schedule property, the plaintiff and his family members objected and resisted them. Hence the suit. The defendants entered appearance and contested the suit contending that the plaint schedule property cannot be identified and that the plaintiff is not in possession of the property. It is further contended that the property allotted to the assignor of the plaintiff Shri.M.P.Balakrishnan, was cancelled in a proceedings initiated by the 1st defendant’s mother Kunhamma before the Revenue Divisional Officer, Kasaragod. In the said proceedings the plaintiff got himself impleaded. Later through a series of proceedings befor

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