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2021 Supreme(Ker) 1095

K.BABU
Leela. T. V, W/o Ramankutty @ Balan – Appellant
Versus
Padmavathy Amma, W/o Govinda Panicker – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.SANEESH KUMAR, SMT.V.B.SANTHINI
For the Respondent: SRI.P.A.HARISH, SRI.V.V.SURENDRAN

JUDGMENT :

K.BABU, J.

This Regular Second Appeal emanates from the judgment and decree dated 19.11.2008 passed by the Additional Munsiff-II, Kozhikode in O.S.No.338/2004. The First Appellate Court, the III Additional Sub Court, Kozhikode confirmed the judgment of the Trial Court in A.S.No.24/2009.

2. Material facts relevant for the adjudication of this appeal are briefly narrated below:

2.1. The plaintiffs instituted the suit for prohibitory and mandatory injunctions against the defendants in respect of the plaint schedule properties. The plaintiffs are residing in the plaint item No.2 property. Item No.1 property lies abutting the public road on the western side. According to the plaintiffs, the 'B' schedule way, which starts from the western public road, runs towards the east and enters item No.2 property, where the residential building of the plaintiffs is situated. The defendants have property on the immediate north of the plaint schedule properties. They are residing in the tharavad house. The plaintiffs also have a joint right over the tharavad house. Access to the property of the defendants is through a lane that originates from the public road and runs along the northern and ea

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