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2025 Supreme(Online)(Ker) 58870

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MATHEW – Appellant
Versus
V.J.SCARIA – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Kurian George Kannanthanam (Sr.), Sri.Thomas George
For the Respondents: Sri.Abraham George Jacob

Table of Content
1. essence of easement claims in property disputes. (Para 2 , 9)
2. arguments presented regarding evidence for easement. (Para 5 , 6)
3. court's reflection on required statutory evidence for easement. (Para 8 , 10 , 12 , 14)
4. final direction for remanding the case for fresh trial. (Para 15)

J U D G M E N T

Defendants 1 to 4 in a suit for injunction have come up with the present appeal.

2. The brief facts necessary for the disposal of the appeal are as follows:-

Item No.1 of the plaint schedule property was obtained by the plaintiff by virtue of sale deed No.2836/1985 of SRO Kuravilangadu. The properties of the defendants are scheduled in item No.2. When the plaintiff purchased item No.1, item No.2 property was owned by one Rugmini and said Rugmini sold it to one George and from him the defendants purchased the same. Kallupura-Marozhuka road runs on the southern side of item No.2. The predecessor of the property owned by the defendants namely Rugmini sold 15 cents of land on the south-eastern side to one Kochuveettil Achamma in the year 1984. When Rugmini sold her property, she left 8 feet width land on the eastern side of 15 cents of land for ingress and egress to the

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