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2009 Supreme(Online)(KER) 11842

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
SUNIL KUMAR – Appellant
Versus
BHASKARAN NAIR & OTHERS – Respondent


Advocates:
SRI.R.K.MURALEEDHARAN,DO

J U D G M E N T

Writ petition is filed seeking the following reliefs: “i) To issue a writ of certiorari or any other appropriate writ order or direction, quashing Ext.P6 order in I.A.No.481/2008 in O.S.No.148/2006 on the file of the Munsiff Court, Koilandi dated 29.6.2009 or inthe alternative, ii) To set aside Ext.P6 order in I.A.No.481/2008 in O.S.No.148/2006 on the file of the Munsiff Court, Koilandi dated 29.6.2009 and allow the I.A.No.481/2008 as prayed for.”

2. Petitioner is the plaintiff in O.S.No.148 of 2006 on the file of the Munsiff Court, Koilandi. Suit is one for perpetual prohibitory injunction, but, later amended seeking for a decree of mandatory injunction as well. Respondents are the defendants in that suit. Petitioner/plaintiff claimed title and possession over plaint B schedule pathway for his enjoyment of plaint A schedule property. Suit was instituted against the first respondent as the sole defendant. But, later, additional respondents 2 to 6 were impleaded as additional defendants in the suit. First respondent did not file any written statement. Additional respondents 2 and 3 among the additional respondents brought in filed joint written statement resisting the

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