IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
M.E.ABDUL RAHMAN (DIED) LRS IMPLEADED – Appellant
Versus
ABDUL KAREEM – Respondent
| Table of Content |
|---|
| 1. factual background of property injunction. (Para 1 , 2) |
| 2. arguments presented by the counsel. (Para 3) |
| 3. court's observations on evidence and jurisdiction. (Para 4) |
| 4. final conclusion and ruling by the court. (Para 5) |
JUDGMENT
The appellants/defendants have approached this Court, being aggrieved by the reversal of the judgment and decree in O.S. No.1361 of 2004 rendered by the Additional Munisiff Court-II, Ernakulam, by the Additional District Court -I, Ernakulam in A.S. No.363 of 2009.
2. The plaintiffs sued the defendants in a suit for perpetual injunction restraining the defendants from causing any obstructions to the plaintiffs in the construction of a compound wall on the eastern boundary and putting up a gate on the southern side of the plaint B schedule pathway, and also from trespassing into the plaint B schedule pathway and interfering with the plaintiffs peaceful possession and enjoyment therein. The appellants/defendants resisted the suit, contending that the description of the plaint A and B schedule properties is incorrect and that the plaintiffs have no right over the western boundary of the 1st defendant’s property. They denied the allegation of atte
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