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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SANDHYA T. P. – Appellant
Versus
M. SURESH BABU – Respondent
| Table of Content |
|---|
| 1. factual background of property ownership and dispute (Para 1 , 2) |
| 2. substantial questions of law posed for determination (Para 3 , 4) |
| 3. counsel's positions on ongoing property access dispute (Para 5 , 7 , 9) |
| 4. court's consideration of evidence regarding property access (Para 8 , 10 , 11) |
| 5. court's judgment on easement rights and injunction (Para 12 , 21 , 22) |
| 6. final order granting injunction rights to plaintiff (Para 24) |
JUDGMENT
The defeated plaintiff in a suit for injunction is the appellant in the present appeal has come up aggrieved by the concurrent findings rendered by the Principal Munsiff Court - I, Kozhikode in O.S. No. 312 of 2019 affirmed in A.S. No. 123 of 2023 by the District Court, Kozhikode.
2. Plaint ‘A’ schedule property was purchased by the plaintiff by Ext. A1 document in the year 2018. Plaint ‘B’ schedule consists of two items: item no. 1 in favour of the defendant and item no. 2 in favour of the predecessor of the defendant. ‘C’ schedule is the disputed item in the present appeal which consists of a 6 feet pathway having an extent of 0.80 cents. The property originally belonged to Thirumalakutty as per a Kanam Assignment Deed No. 1895/1931. Aft
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