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2026 Supreme(Online)(Ker) 3962

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
JOHN (DIED, LHRS IMPLEADED) – Appellant
Versus
SANTHAMMA (DIED LHR RECORDED) – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY
For the Respondents: SRI.A.K.HARIDAS

J U D G M E N T

This appeal arises out of the findings in the A.S No.143/2008 by the Additional District Court (Adhoc-I), Kottayam, which modified the judgment and decree in O.S No.348/2006 on the files of the Additional Munsiff Court, Kottayam.

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

2.1 The plaintiffs filed the suit for injunction seeking to restrain the defendants from trespassing into the plaint schedule property having an extent of 6.84 cents covered by document No.2508/2002 of Kottayam Additional SRO. According to the plaintiffs, they had purchased the property from the larger extent of property that belonged to the Diocese of Vijayapuram. It is contended that the plaintiffs were in possession of the property from 1966 onwards and that the defendants tried to encroach upon the property. It is also stated that the south-eastern portion of the plaint schedule property is lying as a tail shaped area having a length of 9.2 meters and a width of about one meter. In the narrow strip of land though lying at a lower level, the plaintiffs have constructed a drainage from their cattle shed through this narrow strip of land. Water connection, electric

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