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2017 Supreme(Ker) 324

B.KEMAL PASHA
RADHAKRISHNAN NAIR – Appellant
Versus
OMANAKUTTAN PILLAI – Respondent


Advocates Appeared:
FOR THE APPELLANT : SRI. K. SUBASH CHANDRA BOSE
FOR THE RESPONDENTS: SRI. T.S. HARIKUMAR, SRI. P.B. SAHASRANAMAN, SRI. P.B. SAHASRANAMAN

JUDGMENT :

Challenging the concurrent findings entered by the Munsiff's Court, Karunagappally in O.S.No.189 of 2013 followed by those of the Subordinate Judge's Court, Karunagappally in A.S.No.78 of 2015, the plaintiffs in O.S.No.189/2013 has come with this second appeal.

2. The suit is one for declaration of the prescriptive right of easement of the plaintiffs over plaint C schedule property as a pathway for having access to the northern public road from plaint A schedule properties.

3. The case of the plaintiffs is that plaint A schedule item No.1 having an extent of four cents belongs to the first plaintiff and plaint A schedule item No.2 property having an extent of four cents belongs to the 2nd plaintiff. The plaint B schedule property belongs to the defendant. Major portions of plaint B schedule is situated at the northern side of plaint A schedule item No.2 property and the remaining portions of the plaint B schedule item is situated at the eastern side of plaint A schedule item No.2 property. The said portions of plaint B schedule property situated at the eastern side of plaint A schedule item No.2 property which extends up to the northern Panchayat road is lying as a pathway.

















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