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2017 Supreme(Ker) 378

B.KEMAL PASHA
EDAKUDI RAVEENDRAN @ RAVI S/O MOOTHORAKUTTY – Appellant
Versus
LOHITHAKSHAN S/O MADHAVI – Respondent


Advocates Appeared:
For the Appellants : SRI. V.V. SURENDRAN & SRI. P.A. HARISH.
For the Respondents: SRI. MILLU DANDAPANI & SRI. PREMCHAND R. NAIR.

JUDGMENT :

B. KEMAL PASHA, J.

1. Challenging the concurrent findings entered by the Principal Munsiff's Court-I, Kozhikode in O.S. No. 197/1985 followed by those of the Subordinate Judge's Court, Kozhikode in A.S. No. 69/2011, the plaintiffs in O.S. No. 197/85 has come up with this second appeal.

2. This case has a checkered career. The proceedings were initiated in the year 1985 and it still continues. The suit was originally filed as one for a decree for perpetual injunction restraining the defendants and their men from obstructing the plaintiffs from using plaint-B schedule pathway and from causing any obstructions on it. Later the suit was amended by incorporating the first relief as one for a declaration that the plaintiffs are having easement right by way of prescription over plaint-B schedule item. Once again the plaint was amended, when the plaint-B schedule pathway that was being claimed by the plaintiffs was allegedly blocked by the defendants, by incorporating a relief of mandatory injunction directing the defendants to remove the gate put up at the western side of the plaint-B schedule and also to cut and remove the trees planted in plaint-B schedule item.

3. According to t































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