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2016 Supreme(Ker) 2

K.ABRAHAM MATHEW
PAUL – Appellant
Versus
VARGHESE – Respondent


Advocates:
Advocate Appeared:
SRI. G. SREEKUMAR (CHELUR), ADVOCATE.
SRI. RENJITH THAMPAN, SENIOR ADVOCATE & SMT. P.R. REENA, ADVOCATE.

JUDGMENT :

K. ABRAHAM MATHEW, J.

1. This Original Petition arises from a suit instituted by respondents 1 and 2, who are son and mother respectively, for a declaration that they have acquired right of easement by prescription over the plaint B schedule way. The respondents reside in the plaint A schedule property belonging to the first respondent, in which the second respondent has life interest. The adjoining northern property belongs to the petitioner. Plaint B schedule way is in this property. The parties are close relatives. Their properties belonged to their ancestor Kunju Vareed. In a partition that took place in his family in 1099 ME (1924 AD) the plaint A schedule property was allotted to the grandfather of the first respondent and the northern property to the grandfather of the petitioner. The respondents allege that the B schedule pathway came into existence in 1099 M.E. and for the last 90 years they and their ancestors have been using it for their ingress and egress. Just before the suit was filed the petitioner allegedly dumped pieces of granite and rubble in the plaint B schedule way, which is said to be the cause of action for the suit. Along with the plaint the respo












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