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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
KARITHYAYANI @ KARTHIKA W/O.ITTIKANNAN – Appellant
Versus
SANTHOSH S/O.PALAN – Respondent
| Table of Content |
|---|
| 1. overview of facts leading to the appeals (Para 1 , 2) |
| 2. substantial questions of law framed for appeals (Para 3 , 4) |
| 3. arguments on trial court’s findings on possession (Para 7 , 10) |
| 4. court’s analysis of trial court's approach and findings (Para 8 , 9 , 12) |
| 5. judgment on appeals and conclusions drawn by the court (Para 15 , 16) |
| 6. final decision on the appeals and directions for future proceedings (Para 17) |
JUDGMENT
These two appeals arise out of the common judgment and decree in A.S. Nos.190 of 2009 and 201 of 2009 on the files of the Additional District Court-I, Ernakulam by which the first appellate court confirmed the findings of the Principal Munsiff Court, Ernakulam in O.S. Nos.549 of 2005 and 551 of 2005. Both suits were filed for injunction simpliciter.
2. The brief facts necessary for the disposal of the appeal are as follows:
The appellant/plaintiff in O.S. No.549 of 2005, claimed that she obtained the plaint schedule property by virtue of partition deed No.2465/2002 of SRO, Mulanthuruthy and as per the purchase certificate No.1471/1978, the father of the plaintiff obtained certain properties. The purchase certificate was issued in SMP No.7785 of 1976 on th
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