PARIPOORNAN
Ibrahimkutty – Appellant
Versus
Abdul Rahumankunju – Respondent
The decision was made by the Supreme Court of Kerala.
The second defendant in O.S.No.321 of 1979. Munsiffs Court. Karunagappally is the appellant in this appeal. Plaintiffs 1 to 5 and the third defendant in the suit are the respondents herein. The first defendant's rights have been sold to the second defendant. The suit was filed for declaration of an casement right over C Schedule property which is a pathway 41z2 feet wide through the eastern extremity of B Schedule property. The plaint A schedule property belongs to plaintiffs 1 to 5 and the third defendant and they arc owners of different plots in A Schedule property. B schedule property which belongs to defendants 1 and 2 lies to the south of A schedule. To the south of B schedule. there ;is a public rood The plaintiffs stated that from A schedule property for access to the public road there is a pathway through the eastern extremity of B schedule property having a width of 41z2 feet which is described in the plaint as C schedule. The said pathway is so being used for more than 100 years. The defendants arc trying to obstruct the use of the C schedule as a pathway. The plaintiffs claimed an casement right over the C schedule pathway. The suit is filed for declaration o
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