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2009 Supreme(Online)(KER) 4461

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
PUSHPITHA WO VISWADAS – Appellant
Versus
SHIBA – Respondent


JUDGMENT

Respondents appear through Adv. K B Pradeep.

2. The second appeal arises from judgment and decree of learned First Additional Sub Judge, Thiruvananthapuram in A.S.No.12 of 2004. That appeal arose from judgment and decree of learned Munsiff, Thiruvananthapuram in O.S.No.1720 of 1999. Appellants filed the suit seeking fixation of boundary and prohibitory injunction concerning 12 cents in survey No.2034/2 which the appellants claimed as per Ext.A1, sale deed No.1964 of 1967. They claimed that the suit property is part of a total extent of 2.45 acres. Respondent Nos.1 and 2 are residing on the west of the suit property. Respondent Nos. 3 and 4 are residing on the north of the suit property. Appellants claimed that themselves and respondent Nos.1 and 2 have access to their properties from Thamalam road through the pathway along east of the suit property having a width of 4 feet. Respondent Nos.1 and 2 closed that pathway in their attempt to make a new pathway through the schedule property. Hence the suit claiming reliefs as first above stated.

3. Respondents contended that assignor of appellants had no right over the property mentioned in Ext.A1 to be assigned to them. They conten

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