LAWS(KER)-2023-9-174

T.USHAKRISHNAN Vs. THARAMMEL PEETHAMBARAN

Decided On September 15, 2023
T.Ushakrishnan Appellant
V/S
Tharammel Peethambaran Respondents

JUDGEMENT

(1.) The plaintiff in O.S.No.197 of 2013 before the Sub Court, Kozhikode is the appellant. She filed the suit for declaration, injunction; both mandatory and prohibitory and damages for use and occupation. The suit was decreed as per the judgment dtd. 24/9/2014, except in regard to the claim for damages. The 1st defendant preferred A.S.No.166 of 2014 before the District Court, Kozhikode. The plaintiff preferred a cross objection. The appeal and the cross objection were disposed of as per a common judgment dtd. 22/3/2016. The appeal was allowed and the cross objection was dismissed. Resultantly, the original suit stands dismissed. Aggrieved thereby the plaintiff filed this second appeal under Sec. 100 of the Code of Civil Procedure, 1908.

(2.) The appeal was admitted on 1/9/2016 on the following substantial questions of law:

(3.) Heard the learned counsel appearing for the appellant and the learned Senior Counsel appearing for the respondents.