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2016 Supreme(Online)(KER) 44278

HIGH COURT OF KERALA
K.HARILAL, J
SONY JOSEPH – Appellant
Versus
GEORGE K MATHEW – Respondent


J U D G M E N T

The petitioner is the plaintiff in O.S.

No.246 of 2011, on the files of Munsiff Court, Ranni and the respondent herein are the defendants 1 and 2 therein, and they are husband and wife also. Ext.P1 suit was instituted, seeking a decree of permanent injunction against the respondents herein, from trespassing into his un-assigned property, having 2 Acres 50 cents lying in Sy.No.398/24, 25 in Kollamula Village and from causing damage to any portion of the said property or cultivations therein or disturbing the petitioner's right over the said property, which was purchased by the petitioner from the 1st respondent. Ext.P1 suit was listed to

17.09.2015 and PW1 to PW4 were examined and Exts.A1 to A2 and Exts.C1 series and XI were marked and the evidence of the petitioner was closed.

2. Thereafter, the evidence of the respondents began and during the examination of the 2nd respondent, as DW1 Exts.B1 to B3 were marked subject to proof. Thereafter, DW2, Special Village Officer of the team appointed for issuance of pattayam, was examined and he deposed that the title and possession of the plaint scheduled property is with the 2nd respondent, based on a mahazar (Ext.B1) prepared

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