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2026 Supreme(Online)(Ker) 6996

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
T.K.RAMACHANDRAN, (DIED - LHRS IMPLEADED) – Appellant
Versus
V.APPUKUTTAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.N.K.SUBRAMANIAN, SRI.N.C.MOHANAN, SHRI.ABRAHAM MATHAN, SHRI.ATHUL TOM
For the Respondents: SHRI.M.V.S.NAMPOOTHIRY

Table of Content
1. appeal regarding injunction suit. (Para 1 , 2)
2. substantial questions of law outlined. (Para 3 , 4)
3. arguments from both parties presented. (Para 5 , 6)
4. court observations and considerations. (Para 7 , 8)

JUDGMENT

The 1st defendant in OS No.164/2008 on the files of the Munsiff’s Court, Changanacherry, a suit for injunction, has come up in the present appeal, aggrieved by the reversal of the judgment and decree dismissing the suit by the Additional District Court, Kottayam, in AS No.73/2009, appeal preferred by the plaintiff.

2. Brief facts necessary for the disposal of the appeal are as follows:

Item No.1 of the plaint schedule property was allotted to one Indiradevi as D schedule to the partition deed No.1234/80 of Changanacherry SRO. Her mother was having a life interest over the said property, which was released later by the mother in favour of Indiradevi by release deed No.2142/82 of the Changanacherry SRO. Plaint item No.2 is a way starts from Changanacherry-Vazhoor road and passes through the western side of the property of the 1st defendant, and thereafter through the southern boundary of his property and later through the eastern boundary of the property

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