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2026 Supreme(Online)(Ker) 3784

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


Advocates:
For the Appellants/Petitioners: SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.G.MANOJ KUMAR
For the Respondents: SRI.KEVIN JAMES, SRI.RENJIT GEORGE, SRI.K.SHAJ

Table of Content
1. nature of the appeals concerning property and easement rights. (Para 1 , 2)
2. arguments regarding the counterclaim and the injunction request. (Para 3 , 4 , 5)
3. court's examination of findings and required property identification. (Para 6 , 10 , 12)
4. courts’ inconsistent rulings necessitate remand. (Para 14)
5. final verdict on appeal outcomes and next steps. (Para 15)

JUDGMENT

These appeals are preferred by the plaintiff who is also the counterclaim defendant in a suit for injunction. The appellant herein/plaintiff, along with his wife possessed 19 cents of land, which they derived by a sale deed in year 1996. The defendants 1 & 2, who are the neighboring owners, had entered into an arrangement with the plaintiff by which the plaintiff had set apart a pathway having a length of 135 links with a width of 7 links in the east and 8 links in the west. The plaintiff contends that he had constructed a temporary fencing by leaving apart the pathway in question which was earmarked for the easement right of the defendants. Thus, it is contended that the defendants have a permissive right to access the pathway in question. But then, they are attempting to widen the pathway

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