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2026 Supreme(Online)(Ker) 17447

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MFAR ENTERPRISES PVT LTD – Appellant
Versus
DAISY JOSEPH – Respondent


Advocates:
For the Appellants/Petitioners: SRI. K. G. BALASUBRAMANIAN, SRI. M. M. SAIDU MUHAMMED
For the Respondents: SMT. JEENA JOSEPH, SRI. ALEX ANTONY SEBASTIAN P. A., SRI. G. D. PANICKER

Table of Content
1. summary of suit facts, proceedings, and lower court findings on title and encroachment. (Para 2)
2. parties' contentions on commissioner's report, survey subdivision, and title admissions. (Para 3 , 4 , 5 , 6)
3. no substantial questions of law; factual findings on evidence and admissions upheld. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15 , 16 , 17)

JUDGMENT

Defendants 2 and 3, in a suit for recovery of possession, permanent prohibitory injunction and mandatory injunction has come up in the present appeal, aggrieved by the concurrent findings rendered against them.

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

2.1. Plaintiffs 2 to 7 are the children of one Elanjimittathu Thomman. The deceased 1st plaintiff is the widow of late Elanjimittathu Thomman and mother of plaintiffs 2 to 7. Plaint ‘A’ schedule property comprises of 6 cents of land in Sy. Nos. 524/2 and 3 of Maradu Village obtained by the father of the plaintiffs 2 to 7. The plaint ‘A’ schedule property is included as schedule ‘B’ to the partition deed No. 1511/56 of Thripunithura Sub Registry and are lying in Sy. Nos. 524/2 and 3. Sy. No. 524/2 was later subdivided as 524/5 of Marad

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