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1977 Supreme(Ker) 4

T.CHANDRASEKHARA MENON
RAMAKRISHNA MENON – Appellant
Versus
VELUNNI – Respondent


Judgment :-

1. The revision is against an order staying the suit under S.3 of Act 30 of 1975. The plaintiff is the revision petitioner. The suit is one for a declaration of plaintiffs easement right over plaint C-schedule pathway, for ingress and egress to plaint A and B schedules and the Ganapathy Temple and for consequential relief of injunction restraining the defendants from interfering with the plaintiff's right of way therein, for a mandatory injunction directing defendants 1 to 5 and other defendants under them to remove the shed put up by them in the C-schedule property and the plantains and arecanut plants and other plants planted by them therein with a view to obstruct plaintiff's right of way, and alternatively in case of defendants' refusal to do so to allow the plaintiff to remove them and to recover the costs which may thereby be incurred by the plaintiff, for recovery of an amount of Rs. 2,058/- being damage sustained by the plaintiff due to misappropriation of the income of plaint A and B sche-dute properties by the defendants who are alleged to have obstructed the right of way of the plaintiff by committing the tortious act of putting up a shed over the pathway and










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