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2026 Supreme(Online)(Ker) 3961

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
THOMAS, S/O CHACKO – Appellant
Versus
SARAMMA, W/O KURUVILLA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MATHEW JOHN (K), SHRI.DOMSON J.VATTAKUZHY
For the Respondents: SRI.P.I.GEORGEKUTTY

Table of Content
1. overview of the facts and plaintiff's claims. (Para 1 , 2 , 9)
2. discussion of substantial questions of law. (Para 3)
3. arguments presented by both sides. (Para 4 , 5 , 6)
4. court's reasoning based on evidence. (Para 7 , 8)
5. conclusion of appeal. (Para 10)

JUDGMENT

The defendants in a suit for declaration, prohibitory injunction and other reliefs have come up in the present appeal, aggrieved by the concurrent findings rendered against them by the courts below. 2. Brief facts necessary for the disposal of this appeal are as follows :

The plaintiff sued the appellants/defendants in a suit for a declaration of right of easement and a prohibitory injunction. As per the averments in the plaint, item No.1 of the plaint schedule property belonged to the husband of the plaintiff and devolved upon the plaintiff and her daughter on the death of her husband. The plaint schedule item No.2 property belonged to the defendants and that item No.3 is the only access to the residential building in item No.1. It is contended that the plaintiff and her predecessors have been using the said way for more than 70 years and that, when the defendants insisted the plaintiff to purchase the

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