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2026 Supreme(Online)(Ker) 7392

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
LUCY VARGHESE W/O. VARGHESE, KAITHARAN HOUSE, VARAMKUZHI DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. – Appellant
Versus
JOSE, S/O. JOSEPH, MAYYALATH HOUSE, RANDUKAI DESOM, KUTTICHIRA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680001. – Respondent


Advocates:
For the Appellants/Petitioners: Sri.K.S.Bharathan

J U D G M E N T

This appeal filed by the plaintiffs in a suit for injunction concurrently non-suited by the courts below.

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

The plaint schedule property was bequeathed in favour the plaintiff by a registered Will on 24.04.1988. It is alleged that an attempt was made to trespass into the plaint schedule property by the defendant on 19.05.2005 and previously on 17.10.2005 he had attempted to cut and remove the trees standing in the plaint schedule property. The defendant resisted the suit by contending that the plaintiffs have no right over the property, out of the plaint schedule property, 35 cents has been obtained by the 1st plaintiff vide settlement deed No.3151/2000, executed by her father. Contrary to the deed the father transferred 20 cents in the favour of the 1st plainti the document No.192/2001. It was further contended that, out of 3 Acres, 20 5/40 cents of property, the father of the plaintiff had settled 1 Acre 50 cents in favour of the defendants, 55 cents in favour of the 1st plainti 25 cents in favour of one Sisily and 30 cents in favour of Jinnx. It was agreed in the family settle

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