Kunju v. John
Case brief
What is this about?
The High Court allowed this second appeal to decide on the dismissal of an injunction suit against trespass on government forest land. The court upheld the lower courts' finding that the Anganwadi shed was outside the plaintiff's possessed land, dismissing the appeal.
What did the court decide?
The second appeal was dismissed without costs. The judgment and decree of the lower courts upholding the dismissal of the suit were upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940
RSA.No. 435 of 2005
AGAINST THE JUDGMENT AND DECREE, DATED 16.11.2004, IN AS NO.107/2004 OF THE ADDITIONAL DISTRICT COURT (ADHOC-I), THODUPUZHA.
AGAINST THE JUDGMENT AND DECREE, DATED 28.7.1999, IN OS NO.46/1998 OF THE MUNSIFF'S COURT,THODUPUZHA.
APPELLANT/APPELLANT/PLAINTIFF:
- KUNJU, S/O.NARAYANAN,
- THANNIKUZHIYIL HOUSE, KALIYAR P.O., THODUPUZHA. (DIED - LRS. IMPLEADED AS ADDL. APPELLANTS 2 - 5)
ADDL. APPELLANTS:
- CHANDRIKA, W/O.KUNJU, AGED 61 YEARS, THANNIKKUZHIYIL HOUSE, KALIYAR KARA, KALIYAR P.O., VANNAPPURAM VILLAGE, THODUPUZHA TALUK.
Issues for consideration
2 issues framed by the court
Whether the second appeal against the dismissal of a suit for permanent prohibitory injunction deserves interference.
Whether the survey plan and mahazar prepared by the commissioner correctly identified the property boundaries and extent.
Parties & counsel
- appellant
Kunju (LRS. Chandrika, Shynmol, Shijimon, Gopakumar)
- respondent
John
- respondent
K.M. Narayanan
- respondent
Krishnan
- respondent
Joseph
- respondent
Case details
As recorded by the court registry
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