IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
PARAMESWARAN PILLAI OMANAKUMAR – Appellant
Versus
PARAMESWARAN PILLAI GOPAKUMAR – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim over pathway. (Para 2) |
| 2. arguments against previous judgments. (Para 3 , 5) |
| 3. court's assessment of ease of access. (Para 7 , 8 , 9) |
| 4. final ruling in favor of plaintiff. (Para 10) |
JUDGMENT
This appeal is preferred by the plaintiff, aggrieved by the concurrent findings in O.S.No.700/2004, a suit for injunction, on the files of Additional Munsiff Court, Kollam, as affirmed in A.S.No.274/2007 by the Additional District Court-III, Kollam. 2. The brief facts necessary for the disposal of the appeal are as follows:
2.1. The plaint A schedule property belonged to the plaintiff vide Will No.109/90. The property of the 2nd defendant lies to the north of plaint A schedule property. The property of the 1st defendant lies further to the north of 2nd defendant's property. A pathway having a width of 14 ft. is provided under the Will and is lying on the western side of the 1st defendant’s property, which is scheduled as C schedule to the plaint. There is a public road leading to Vallikeezh Girl’s High School on the west and that the C schedule pathway turns towards west from the north western corner of the 1st defendant’s property and it leads toward the weste
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