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Jasmine

High Court Of Kerala|07 November, 2014
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JUDGMENT / ORDER

Both the courts below have concurrently dismissed the suit for a decree of permanent prohibitory injunction and mandatory injunction. The plaintiff has miserably failed to establish that a pathway running along the middle of the property has been shifted to its side as contended. The plaintiff has not even taken out a commission to obtain a report and plan with reference to the plaint schedule property. The finding based on possession is rested on evidence and calls for no interference in this Regular Second Appeal.
2. I hasten to add that the plaintiff is at liberty to file a fresh suit for declaration of title and demarcation of boundaries. The present suit is only for injunction wherein the title to the property has not been adjudicated at all. There is no question of law much less any substantial question of law in this regular second appeal.
The Regular Second Appeal is dismissed.
DCS V.CHITAMBARESH JUDGE
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Title

Jasmine

Court

High Court Of Kerala

JudgmentDate
07 November, 2014
Judges
  • V Chitambaresh
Advocates
  • C A Chacko Smt