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2014 Supreme(Online)(KER) 50510

HIGH COURT OF KERALA
K.HARILAL, J
M RAJAN PILLAI – Appellant
Versus
M S VIJAYAKUMARN NAIR AND OTHERS    Advocate - P MOHANDAS (ERNAKULAM), ,ANOOP V NAIR,M R JAYAPRASAD,P MOHANDAS (ERNAKULAM),K P SATHEESAN (SR – Respondent


JUDGMENT

The appellant herein is the unsuccessful appellant before the first appellate court as well as the unsuccessful defendant in the original suit. This Regular Second Appeal is preferred against the judgment & decree passed in A.S.No.88/2008 on the files of the II Additional District Court, Kollam, filed against the judgment & decree passed in O.S.No.184/2000 on the files of the Munsiff's Court, Paravur. O.S.No.184/2000 was filed by the respondents herein and the above suit was one for declaration of title and possession over A and B schedule proprieties and for declaration that the Document Nos.3777/98, 3778/98, 3779/98 and 3780/98 executed in favour of the defendant are void ab initio and not binding on the plaintiffs and also for a permanent injunction restraining the defendant from trespassing into the plaint schedule properties and committing waste over the plaint schedule properties.

2. The specific case of the plaintiff is that he is the absolute owner in possession of plaint A and B schedule properties and he obtained the properties by virtue of Ext.A2 sale deed. He is in possession and enjoyment of the properties right from the date of execution of the documents and h

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