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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
VINCENT AGED 64 YEARS S/O DANIEL VINCENT – Appellant
Versus
VIJAYAKUMARAN NAIR AGED 68 YEARS S/O NADARAJA PILLAI – Respondent
| Table of Content |
|---|
| 1. the crux of the dispute centers around the claim over a pathway. (Para 3 , 4) |
| 2. petitioners allege the trial court misinterpreted the issues in both suits. (Para 5) |
| 3. court emphasizes principles of consolidation prioritizing justice and efficiency. (Para 6 , 7 , 9) |
| 4. consolidation permissible unless showing of significant prejudice. (Para 10 , 12) |
| 5. final ruling orders joint trial of both suits. (Para 13 , 14) |
JUDGMENT
The Challenge in this Original Petition is to Ext.P5 order dated 29.01.2022 in I.A.No.01/2021 in O.S.No.1552/2014, refusing the consolidation of two suits.
3. The respondents/plaintiffs instituted O.S.No.1552/2014 before the Munsiff’s Court, Thiruvananthapuram, against the petitioners/defendants, seeking a permanent prohibitory injunction in respect of the plaint schedule property. The petitioners/defendants resisted the suit, contending that they are entitled to right over a pathway through the plaint schedule property.
4. The petitioners/defendants filed O.S.No.1403/2020 seeking a declaration of their right of easement by grant over the pathway in dispute. They applied for consolidation of both the suits. The trial Court rejected the application on t
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