SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Ker) 1086

M.SASIDHARAN NAMBIAR
Sathyavathi K. N. – Appellant
Versus
Sarojini – Respondent


Advocates Appeared:
For the Appellant :T. Krishnan Unni, Senior Advocate.
For the Respondent:P.V. Kunhikrishnan, Advocate.

JUDGMENT :

M. Sasidharan Nambiar, J.

Defendants in OS 935/1997 on the file of Munsiff Court-II, Kozhikode are the appellants, Respondent is the plaintiff. Respondent instituted the suit for decree for permanent prohibitory injunction restraining the appellants from interfering with his peaceful enjoyment of plaint B schedule property. Plaint B schedule property is a way starting from the way leading to Naithukulam T. V. Kumaran Nair road and proceeds towards the east and reaches the plaint A schedule property belonging to the respondent. It was contended that plaint A schedule property originally belonged to Unichirakutty alias Kuttiamalu, mother-in-law of the respondent by virtue of document No. 1170/1947 of SRO, Chevayoor and item No. 3 therein was set apart to the share of the respondent and her children. Respondent has been in possession of plaint A schedule property, The only access to plaint A schedule property is plaint B schedule way. It was contended that respondent and his predecessors have been using plaint B schedule way for the ingress and egress to plaint A schedule property continuously for more than 50 years openly, uninterrupted, as of right and as an easement and t











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top