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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MATHRATAN PUTHIRAKKAL SAJU – Appellant
Versus
M.V.BALAKRISHNAN – Respondent
| Table of Content |
|---|
| 1. partitioning of property and prior usage (Para 2) |
| 2. arguments regarding proprietary rights and pathway use (Para 5 , 6) |
| 3. analysis of easement rights and findings of the courts (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's reasoning for reversing prior judgments (Para 19) |
| 5. final judgment granting injunction and mandatory removal (Para 20) |
EASWARAN S., J -------------------------------------
R.S.A No.168 of 2013 ------------------------------------
Dated this the 17th day of December, 2025 JUDGMENT Defeated plaintiff in a suit for permanent prohibitory injunction and mandatory injunction aggrieved by the concurrent findings rendered by the Munsiff’s Court, Payyannur in O.S.207 of 2008 affirmed in A.S.No.126 of 2010 by the Sub Court, Payyannur.
2. The brief facts necessitating for the disposal of the appeal are as follows:
The Plaint A schedule property along with the other properties originally belonged to the common ownership of one Mathradan Puthirakkal Narayani Amma and others. By document No.1551 of 1961, the members of the Tharavad partitioned the property. The C schedule property in the deed was allotted to Lakshmikuty Amma and Savithri Amma joi
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