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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MOIDEEN AGED 47 YEARS, S/O.HASSANKUTTY – Appellant
Versus
MOIDEEN AGED 55 YEARS, S/O.KUNHAYAMU @ KUNHIPPU – Respondent
| Table of Content |
|---|
| 1. identification of the basis of the lawsuit and finding of the courts below. (Para 2 , 3) |
| 2. arguments about the validity of the injunction based on possession. (Para 5 , 6) |
| 3. discussion on the findings of the advocate commissioner's report. (Para 8 , 10) |
| 4. determination of substantial questions of law and court's error. (Para 11) |
| 5. final ruling reversing the appellate decision and restoring trial court decision. (Para 12) |
JUDGMENT
The defendant in a suit for injunction has come up in the present appeal, aggrieved by the reversal of the dismissal of the suit, O.S. No.143 of 1998, by the first appellate court on an appeal preferred by the plaintiff.
2. The brief facts necessary for the disposal of this appeal are as follows:
The respondent/plaintiff instituted the suit, O.S. No.143 of
1993, before the Munsiff Magistrate Court, Mannarkkad, contending that the defendant was attempting to trespass into the plaint schedule property. The defendant resisted the suit and contended that the plaintiff is not entitled to the relief sought for. The defendant further contended that there is a pond which exists in the plaint schedule property as item No.2, and that the plaintiff has
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