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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Victor D'Souza – Appellant
Versus
Marcel D'Souza – Respondent
| Table of Content |
|---|
| 1. claim for easementary right. (Para 1 , 2) |
| 2. appellant's argument against pathway rights. (Para 5 , 6) |
| 3. court's observations on pathway access. (Para 7 , 8 , 9) |
| 4. final rulings on easementary rights. (Para 10) |
EASWARAN S., J --------------------------------
R.S.A No.793 of 2012 -------------------------------
Dated this the 18th day of March, 2026 JUDGMENT The appeal is preferred against the concurrent findings in a suit for mandatory injunction and prohibitory injunction by the defendants. The original defendant is no more and his legal heirs have been impleaded in the party array.
2. An extent of 0.57 acres of land in Re-
Sy.No.484/1D3pt of Vorkady village in the A schedule property obtained by the plaintiff by a release deed. Defendant is the brother of the plaintiff. According to the plaintiff, there is an 18 links pathway between the properties of the parties and thus the defendant was trying to reduce the width of the pathway. Hence, the suit. Defendant entered appearance and contested the suit and contended that there is no pathway set up in the document for the plaintiff and therefore plaintiff has no right. It was further stated that, if a road access is pro
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