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