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2026 Supreme(Online)(Ker) 5778

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
V.M.HASHIM – Appellant
Versus
K.MOHAMMEDALI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.KRISHNANUNNI (SR.), SRI.K.C.KIRAN, SMT.MEENA.A., SRI.T.SIVADASAN
For the Respondents: SRI.B.BALA PRASANNAN, SHRI.N.AJITH, SHRI.P.B.KRISHNAN (SR.), SRI.P.M.NEELAKANDAN, SRI.P.B.SUBRAMANYAN, SRI.P.A.MOHAMMED SHAH

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 with the 2nd defendant Grama Panchayat and they are attempting to cut open a road to the property of the 1st defendant. The plaintiff approached the 2nd defendant and requested them to give the exact details of the proposal for formation of the road and he was told that the 1st defendant is the person taking initiative for formation of the road but ho

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