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1985 Supreme(Ker) 108

SUKUMARAN
KRISHNAN – Appellant
Versus
JOSEPH DESOUZA – Respondent


Judgment :-

1. The appeal is directed against as order of the court below by which an application, I.A. No. 160 of 1985 for taking action under 0.39 R.2A of the Civil Procedure Code against the respondent therein had been dismissed by the court in the light of the disposal of the appeal itself.

2. The present proceedings had their origin in a suit for injunction instituted by a kudikidappukaran against the landowner. According to the kudikidappukaran he was entitled to purchase 10 cents of land. Initially his application had been allowed. It is unnecessary to refer to the subsequent and somewhat strange happenings before the authorities under the Land Reforms Act, including the mystery involved in the disappearance of the files before the Land Tribunal. (The fact that no superior authorities have paid any attention to the disappearance of Government files is itself a disturbing feature). The extent which could be purchased by the kudikidappukaran is an issue now pending consideration before this Court in C.R.P. No. 2400 of 1983. The kudikidappukaran apprehended that if the landowner constructed a wall on the northern boundary of the kudikidappu, it would cut off areas which he could


















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