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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
AJESH – Appellant
Versus
MADHURA – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2 , 3) |
| 2. arguments presented by the appellants and respondents. (Para 5 , 6 , 7) |
| 3. court's analysis and observations on evidence. (Para 8 , 10 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. legal standards for claiming easement by prescription. (Para 19 , 20 , 21) |
| 5. final decision and dismissal of appeals. (Para 23) |
EASWARAN S., J.
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R.S.A. Nos.692 & 700 of 2021 ------------------------------------------
Dated this the 17th day of July, 2025 JUDGMENT/ORDER These appeals arise out of the common judgment in A.S. No.163 of 2017 and A.S. No.164 of 2017 dated 18.1.2021 of the District Court, Palakkad. The appeals arise out of a common judgment in O.S. No.172 of 2015 and a counterclaim, and from O.S. No.261 of 2015 of the Munsiff Court, Alathur. Appellants herein are the defendants/ counterclaim plaintiffs in O.S. No.172 of 2015 and the plaintiffs in O.S. No.261 of 2015.
2. The brief facts necessary for the disposal of these appeals are as follows:
O.S. No.172 of 2015 is a suit filed for injunction simplicitor restraining the defendants/appellants herein from interfering with the possession of the p
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