IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
V.M.HASHIM – Appellant
Versus
K.MOHAMMEDALI – Respondent
| Table of Content |
|---|
| 1. plaintiff's appeal originates from dismissal regarding road status. (Para 1 , 2) |
| 2. court's findings on adequate evidence regarding encroachment and road's public status. (Para 4 , 10) |
| 3. arguments surrounding the intent to widen the road and the plaintiff's objections. (Para 6 , 7 , 11) |
| 4. final ruling dismissing the appeal. (Para 12) |
JUDGMENT
This appeal is filed by the plaintiff aggrieved by the dismissal of the suit concurrently by the courts below.
2. Brief facts for the disposal of the appeal are as follows:-
Other properties including the plaint schedule property originally belonged to the father of the plaintiff and after his death, devolved up on his legal heirs and as per the partition deed document No.969/1976, the plaint scheduled property was allotted to the share of the plaintiff. The 1st defendant is a resident of the northern side of the plaint schedule property and he is a member of the 2nd defendant Grama Panchayat. The 1st defendant had requested the plaintiff to relinquish certain properties for forming a road to his house, which was not accepted by the plaintiff. The refusal on the part of the plaintiff had instigated the 1st defendant to collude w
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