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1994 Supreme(Ker) 369

B.M.THULASIDAS
Sarojini Amma – Appellant
Versus
Dakshayani Amma – Respondent


Judgment :-

B.M. Thulasidas, J. Heard.

2. O.S. No. 158 of 1992 pending before the Munsiff's Court, Vadakkancherry is filed by respondents 1 and 2 for a permanent prohibitory injunction to restrain the petitioners herein from causing destruction to or alteration of plaint B Schedule property described as a pathway as also for a mandatory injunction to restore plaint C schedule property described as a dial to its original position and for other incidental reliefs. According to them plaint B schedule pathway leading to plaint A schedule property has been in their possession and used from time immemorial for ingress and egress and that the petitioners have no exclusive right over the same. They also alleged that plaint C schedule water-chat situated next to the PWD road was being used for draining water and that the petitioners had destroyed it. In the written statement filed by the petitioners, they denied the allegations and also made a counter-calim against the respondents, who are the plaintiffs as also respondents 3 and 4, the R.D.O. and Assistant Executive Engineer, PWD (Roads). It was stated that plaint B schedule is not a pathway as described but a water¬chal for draining water









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