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2026 Supreme(Online)(Ker) 23364

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
BHASKARAN – Appellant
Versus
ANIL – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.G.SREEKUMAR (CHELUR)
For the Respondents: SRI.V.P.BRIJESH, SRI.K.C.HARISH, SMT.K.R.MONISHA, SMT.ATHULYA ANIL

Table of Content
1. details of property dispute and claimants. (Para 1 , 2)
2. assessment of evidence and determination of appeal viability. (Para 5 , 6)
3. court's conclusion on dismissing appeal, allowing new suit. (Para 7)

JUDGMENT

The plaintiff in a suit for permanent prohibitory injunction has come up in the present appeal, aggrieved by the concurrent findings rendered against him by the Principal Munsiff Court, Irinjalakuda, in O.S. No.2087 of 2012, as well as the Additional Sub Court, Irinjalakuda, in A.S.

No.150 of 2016.

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

As per the averments in the plaint, the plaint A schedule property was obtained by one Paru, the second wife of Raman, as per Pattayam No.399/1970 issued by the Special Thahsildar Land Tribunal, Thrissur. The plaintiff is the son of Paru. The defendants are the children of Vasu, who is the son of Raman in his first wedlock. It is stated that, on the death of Paru, the property was devolved upon the plaintiff, his brother Sasi and sister Omana and the defendants have no right over the property. As per Pattayam in favour of Paru, the property is comprised in Survey No.4/1. According to the p

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