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