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2012 Supreme(Ker) 250

S.S.SATHEESACHANDRAN
T. J. Abraham – Appellant
Versus
Aleyamma Joy – Respondent


Advocates Appeared:
For The Petitioners:K.V. Sadananda Prabhu, Titus Mani, Advocate.
For The Respondents:A.Balagopalan, A.Rajagopalan, M.N. Manmadan, Advocates.

Judgment :

1. The original petition has been filed seeking the following reliefs:

i) to call for the records relating to Ext.P1 and direct the court below to comply with the orders of this Court in C.R.P.No.264/2006 dated 36.2010 and set apart a pathway over the property of the respondent, and in order to implement the same, direct the measurement of the properties of the parties within such time frame as this Hon'ble Court may direct.

ii. or in the alternative allow the petitioners to cross over the property through the pathway already existing and used by the property for long as is found in Ext.P2 plan.

iii. to grant such other and further reliefs in the interest of justice.

2. Petitioners are the plaintiffs in O.S.No.191 of 1991 on the file of the Munsiff's Court, Thiruvalla. That suit is one for declaration of the plaintiffs' right of easement over the properties of the defendant. Suit was decreed ex parte on 17.06.1993. Long after the passing of the ex parte decree, and after the death of the defendant against whom such decree was passed, his legal heirs applied for setting aside the decree moving such application with another for condoning the delay. The trial court dismis







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