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A. BADHARUDEEN
Joseph John – Appellant
Versus
P. A. Johny Kutty @ Yohannan – Respondent
JUDGMENT :
The defendants in O.S.No.623/2015 on the files of the Principal Munsiff Court, Alappuzha, who are aggrieved by the decree and judgment in the above case dated 31.10.2019, confirmed by the Additional District Court-II, Alappuzha in A.S.No.74/2019 along with cross objection, vide decree and judgment dated 27.01.2021, have filed this Second Appeal under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (for short ‘C.P.C' hereafter for convenience). The respondent in this Second Appeal is the sole plaintiff in the Suit.
2. I shall refer the parties in this appeal with reference to their status before the trial court, as ‘plaintiff’ and ‘defendants’ hereafter for easy reference.
3. Heard the learned counsel for the appellants/defendants and the sole respondent/plaintiff, on admission.
4. Perused the lower court records and the judgments under challenge.
5. In this matter, the plaintiff filed Suit for permanent prohibitory injunction restraining the defendants and their men from closing or reducing the width of plaint C schedule road, which is available towards the plaint A schedule property owned by the plaintiff for vehicular traffic, when he apprehended obst
The central legal point established in the judgment is the recognition of an easementary right based on continuous usage and the partition deed, allowing for the grant of perpetual injunction even in....
The court determined that the plaintiff's apprehension of encroachment was unfounded given existing road status and affirmed previous dismissals based on proper judicial analyses.
The court established that an easementary right can be acquired through long-term, uninterrupted use, even if the specific phrase 'as of right' is not explicitly stated in the pleadings, provided the....
Implied easement rights for property use transfer automatically, barring explicit contradictory intentions in property deeds.
Property owners abutting public pathways retain rights of access from all boundary points, protecting against unauthorized constructions infringing these access rights.
It is settled law that a person who approaches Court for a relief, equitable or otherwise, is under a solemn obligation to candidly and correctly disclose all material and important facts, which have....
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
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