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2025 Supreme(Online)(Ker) 41244

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
GANGADHARAN – Appellant
Versus
RAJISHA @ RASHIJA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.LAKSHMINARAYANAN
For the Respondents: SHRI.B.KRISHNAN, SRI.T.KRISHNANUNNI (SR.), SRI.R.PARTHASARATHY, SRI.M.DEVESH, SMT.M.R.MINI, SRI.K.C.KIRAN, SMT.MEENA.A., SRI.M.K.SADANANDAN, SRI.VINOD RAVINDRANATH, SRI.VINAY MATHEW JOSEPH
For the 3rd Respondent: SHRI.R.K.MURALEEDHARAN

Table of Content
1. court's review of evidence and claims. (Para 9 , 10 , 11)
2. decision for remand based on procedural correctness. (Para 12)

EASWARAN S., J.

-------------------------------- R.S.A. No.134 of 2016 ------------------------------------------

Dated this the 16th day of July, 2025 JUDGMENT The appeal arises out of the judgment and decree in A.S. No.11 of 2015 on the files of the Sub Court, Vatakara, reversing the judgment and decree in O.S. No.83 of 2013 on the files of the Munsiff Court, Vatakara. The suit was instituted by the plaintiff seeking a mandatory injunction against the defendants to restore the plaint A schedule property through plaint B schedule or through the property connecting the termini on the eastern end and western flanks of B and C schedule properties, with three (3) feet width, in east-west direction, which is least inconvenient to the defendants. During the pendency of the suit, the plaintiff sought amendment of the reliefs by incorporating an additional prayer seeking the right of easement through the property of the 3rd defendant, who was subsequently impleaded in the suit. Pertinently, the property of the 3rd defendant was not scheduled in the pla

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