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2020 Supreme(Ker) 816

C.S.DIAS
K. R. Sooraj, S/o. late K. S. Ramakrishnan – Appellant
Versus
Southern Railway, Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.P.G.PARAMESWARA PANICKER (SR.), SRI.M.P.RAMNATH, SRI.UNNIKRISHNAN. S (VELOTHIL)
For the Respondent: SRI.JAMES KURIAN, SRI.MOHAMMED SHAH, adv

JUDGMENT :

The non-suited plaintiffs who are aggrieved by the concurrent judgments and decrees passed by the court of the first instance and the lower Appellate Court, are the appellants.

2. The plaintiffs 1 to 5, 8 and 9 in O.S.No.7/2003 of the Court of the Munsiff, Aluva, are the appellants. The defendants in the suit – the Southern Railway Administration and its Officers – are the respondents in the appeal. The parties and facts are, for the sake of convenience, referred to as per their status and as averred before the Court of the Munsiff (Trial Court).

3. The plaintiffs sought a declaration that they, their men, agents and customers have acquired the right of way by prescription for user of plaint 'A' schedule property, for access by persons and vehicles to plaint-'B to -E' schedule properties and the buildings therein. They also sought for other consequential reliefs.

4. The short relevant facts in the plaint are as follows:

4.1 Plaint-'A' schedule property is the north eastern part of the larger vacant area of land having a length of 52 meters from the north to the south and a width of 8 meters from the east to the west, lying on the eastern side of the Aluva Railway Station main

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