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2022 Supreme(Ker) 513

SATHISH NINAN
Tharayil Thithikutty Umma, D/o. Veeravu – Appellant
Versus
Maimoona, W/o. Manakka Padikkal Kapyarathu Avunni – Respondent


Advocates Appeared:
For the Appellant : Sri. T. Sethumadhavan, Sri. K. Jayesh Mohankumar, Sri. Pushparajan Kodoth.
For the Respondent: T.P. Sajid, T.P. Sajan, S. Jathin Das, Sri. N. Gopinatha Panicker, Sri. C. Khalid.

JUDGMENT :

The plaintiffs in a suit for declaration of easement of right of way and for prohibitory injunction against obstruction of the way, are the appellants. The suit was concurrently dismissed by the Courts.

2. Plaintiffs 1 and 2 are the wife and husband respectively. The plaint 'A' schedule property belongs to the first plaintiff-wife as per document No.2157/1974. Along with the plaint, the plaintiff has produced a rough sketch showing the lie of the properties. For the sake of convenience the properties are referred to as marked in the sketch. In the said sketch, the plaint 'A' schedule is marked as plot 'A'. On the immediate northern side of the plaint 'A' schedule property (Plot-A), is the plaint 'B' schedule property belonging to the second plaintiff-husband (Plot-B). It was purchased by the second plaintiff as per Ext.A1 sale deed of the year 1989. To its immediate north is the property of defendants 1 and 2 which is shown as 'D' plot in the rough sketch. On its eastern side, lies plot number 'E' and to its east is plot 'F' which belong to defendants 3 and 4 respectively. On the eastern side of plot 'F' is a public road which lies in north-south direction. From the said p

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