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2025 Supreme(Online)(Ker) 58927

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MATHRATAN PUTHIRAKKAL SAJU – Appellant
Versus
M.V.BALAKRISHNAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.O.V.MANIPRASAD, SRI.SAJU J PANICKER
For the Respondents:SRI.MAHESH V RAMAKRISHNAN, SRI.AMAN MANZOOR, ADVOCATE COMMISSIONER

EASWARAN S., J -------------------------------------

R.S.A No.168 of 2013 ------------------------------------

Dated this the 17th day of December, 2025 JUDGMENT Defeated plaintiff in a suit for permanent prohibitory injunction and mandatory injunction aggrieved by the concurrent findings rendered by the Munsiff’s Court, Payyannur in O.S.207 of 2008 affirmed in A.S.No.126 of 2010 by the Sub Court, Payyannur.

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

The Plaint A schedule property along with the other properties originally belonged to the common ownership of one Mathradan Puthirakkal Narayani Amma and others. By document No.1551 of 1961, the members of the Tharavad partitioned the property. The C schedule property in the deed was allotted to Lakshmikuty Amma and Savithri Amma jointly. While they were in joint possession, they obtained a purchase certificate in 1976. Item No.8 of C schedule of the said partition deed was transferred in the favour of the plaintiff vide sale deed No.808 of 2004. The northern boundary to the said deed was described as a pathway. According to the plaintiff, a road starting from the tar road on the northern side of the A

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