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1961 Supreme(Ker) 402

M.MADHAVAN NAIR
Rama Bhatta – Appellant
Versus
Krishna Bhatta – Respondent


JUDGMENT

M. Madhavan Nair, J.

1. S. A. No. 257 of 1956 is by the plaintiffs, and S. A. No. 227 of 1956 by the 5th defendant in O.S. No. 275 of 1945 on the file of the Munsiff of Kasaragod.

2. The suit is for "a decree restraining the defendants by means of a permanent injunction

(a) from obstructing the free flow of water of channel X to plaintiffs' Katta (bund) A by the defendants putting up Kattas at H, K, K1, L or anywhere in the course of the channel;

(b) from obstructing the mamool (ancient) right of way of the plaintiffs along the bund of channels Y, C, B and X ;

(c) from putting up picotahs (mechanical ladles) at M, N, O, P, Q, R, S or anywhere along the course of the channels X, C and Y ;

(d) from leading water from channel X to the defendants' new arecanut gardens raised in Kolke fields (three crop paddy flats 604/8, 605/5 ... 601/6 and for a mandatory injunction directing the defendants to remove the aforesaid Kattas ... and picotahs along the channels ... and to remove the obstruction put in the plaintiff's pathway along the bunds of the channels X, C, Y and along the cement sluice B ........".

3. The plaintiffs are the owners of the areca gardens bearing R. S. Nos. 605/7, 12, 1














































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