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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
GEEVARGHESE – Appellant
Versus
ASHOKAN – Respondent
| Table of Content |
|---|
| 1. claim for easement by prescription was disputed. (Para 1 , 2 , 3) |
| 2. arguments presented addressed lack of evidence and procedural issues. (Para 4 , 6 , 7) |
| 3. court evaluated evidence against claims of easement. (Para 5 , 9 , 10 , 11) |
| 4. final ruling upheld lower courts' decisions. (Para 12 , 13) |
JUDGMENT
1. The appellant is the plaintiff in the suit. The suit was for declaration and injunction. The declaration was sought with respect to the right of easement by prescription over plaint D and E schedule pathways. Plaint A schedule property belonged to the plaintiff, which is situated on the eastern side of the property of the defendants. B schedule property belonging to the 1st defendant is situated on the north-western side of the A schedule property. Plaint C schedule property is situated on the south-western side of A schedule property. Plaint D schedule is a way starting from the northern main road which goes to the southern side through the western side of B and C schedule properties. The case of the plaintiff is that plaint E schedule is the pathway by which the said D schedule is connected to A schedule property belonging to the plaintiff.
2. The defendant disp
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