IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
C.K.SATHI, (DIED) (LHRS IMPLEADED) – Appellant
Versus
K.SURENDRA BABU – Respondent
| Table of Content |
|---|
| 1. property identification issue in boundary dispute. (Para 1 , 2) |
| 2. court observations on property possession. (Para 3 , 4 , 8 , 9) |
| 3. arguments supporting appellant's claims. (Para 5 , 6) |
| 4. assessment of whether boundary fixation claim is valid. (Para 10 , 11) |
| 5. final ruling with decrees for boundary and injunction. (Para 12) |
J U D G M E N T
The 1st appellant is the plainti permanent prohibitory injunction and fixation of boundary. The 1st appellant has been concurrently non-suited by the courts below because she failed to substantiate the claim for fixation of boundary.
2. The brief facts necessary for the disposal of the appeal are as follows:-
The plaint A schedule property initially belonged to the twin thavazhi namely Thottoli and Kappacheri Thottolil and the said property having a larger extent with a house was kept in common as per a Partition Karar No.2249/1122 M.E of SRO Chokli. The total extent so kept in common was 1.01 acres, situated in R.S No.93/3. Out of 1.01 Acres, 40½ cent was given to the 1st defendant in 1949 and 29 ½ cents to one Kumba Amma, the paternal grand mother of defendants 4 and 5, by the then karanavar of the thavazhi. The balance extent
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