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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
N.A.SEBASTIAN – Appellant
Versus
T.T.JOSEPH – Respondent
| Table of Content |
|---|
| 1. plaintiff's appeal due to reversed injunction. (Para 1) |
| 2. details of property claims and road usage contested. (Para 2 , 3) |
| 3. arguments presented by both parties on ownership. (Para 4 , 5 , 6) |
| 4. court's view on evidence and justification for injunction. (Para 7 , 8 , 9) |
| 5. final ruling supporting plaintiff's claim. (Para 10) |
JUDGMENT
This appeal is filed by the plaintiff aggrieved by the judgment and decree in A.S 50/2009 of the Sub Court, Pala, which reversed the judgment and decree in a suit for prohibitory injunction in his favour.
2. The brief facts necessary for the disposal of the appeal are as follows:-
The plaintiff claims that the plaint schedule property has been allotted to him as per a Will bearing No.13/1964. The plaintiff is residing in the house in the plaint schedule property. On the western side of the plaint schedule property, there was an Edavazhi, and later this Edavazhi was developed into a public road and the public road passes through the southern side of the plaint schedule property for a distance about 20 meters towards east and thereafter it turns towards the north and ends towards the house of the plaintiff. During 1992-1993 for the constr
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