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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
IVY JUDE – Appellant
Versus
DAVID WILLIAM – Respondent
| Table of Content |
|---|
| 1. concurrent dismissal for lack of title chain despite property identification. (Para 1 , 2) |
| 2. appellant urges title via admission, commissioner report; respondent defends identification failure. (Para 3 , 4 , 5) |
| 3. will legatee needs proof; co-owners' joinder viable for undivided shares. (Para 6 , 7 , 8 , 9) |
Dated this the 1st day of April, 2026 JUDGMENT This appeal arises out of the concurrent findings rendered by the courts below by the Additional Munsiff Court - I, Thiruvananthapuram in O.S.No.1730 of 2011 as affirmed in A.S.No.500 of 2015 by the Additional District Court – III, Thiruvananthapuram.
2. The brief facts necessary for the disposal of the appeal are as follows: The original plaintiff sued the defendants for a declaration of title, recovery of possession, fixation of boundary and permanent prohibitory injunction contended that 25 cents of property in Attipra Village was in possession of her father and it was sold to him by a sale deed. The plaint schedule property is lying contiguously with the property on its northern side, without any boundaries. The resurvey authorities prepared the resurvey plan showing the plaint schedule property together with it
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