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2018 Supreme(Online)(KER) 23912

HIGH COURT OF KERALA
PRRAMACHANDRA MENON, Devan Ramachandran, JJ
ANEESH – Appellant
Versus
THE SUB INSPECTOR OF POLICE – Respondent


Advocates:
SRI.GEORGE SEBASTIAN SRI.P.KRISHNANKUTTY NAIR (KOLLAMALA) ADV.SR.GP.SRI.P.P.THAJUDEEN

JUDGMENT

P.R. RAMACHANDRA MENON, J.

The petitioners who are brother and sister respectively are before this Court, alleging harassment at the hands of the 1st respondent, who is simply dancing to the tune of the 2nd respondent, the paternal aunt of the petitioners herein.

2. Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for the 1st respondent.

3. The learned counsel for the petitioners submits that they are residing in a property, which actually belongs to their father, in respect of which, there is absolutely no right for the 2nd respondent, who is the sister of the father of the petitioners. However, with unlawful designs, attempts were made by the 2nd respondent to have possession and enjoyment over the said property, which was sought to be resisted by the petitioners by approaching Civil Court. The petitioners sought for a declaration that the document executed as Deed No.182/2016 of Eravipuram SRO, in favour of the 2nd respondent, is null and void. The 2nd respondent has also moved the Civil Court by way of O.S.No.741/2018 for a mandatory injunction, so as to enable her to have enjoyment over the property in all respects. S

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