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2025 Supreme(Online)(Ker) 58821

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SOMAN – Appellant
Versus
VASANTHAKUMARI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. P. VISWANATHAN (SR.), SRI. AJITH VISWANATHAN

Table of Content
1. background and context of property ownership. (Para 1 , 2)
2. arguments presented by the appellant. (Para 3 , 4 , 5)
3. court's observations and findings. (Para 6 , 7)
4. final ruling and order. (Para 8)

JUDGMENT

The appellant is the defendant in a suit for injunction.

2. Originally the property belonged to one Meenakshi Amma, daughter, Thankamma and her children by virtue of partition deed in the year 1953. In the said partition deed, a right of way was provided to sharers 1 and 2. The plaintiff purchased the property by Ext. A1 from one of the sharers. The plaintiff is the daughter of one of the sharers. The defendant purchased the property from one of the assignees from the sharers by two registered documents in the year 1995 and 2004 respectively. The property was purchased from one of the assignees of the sharers who derived the title over the property by a Sale Deed in the year 1990. The plaintiff instituted the suit on the assertion that the defendant had no right over the pathway. According to the plaintiff, the entry into the defendant’s property is through the northern side.

2.1. The defendant entered appearance and resisted the suit and contended that the ri

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