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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Radhakrishna Bhat – Appellant
Versus
K.Vasudeva Bhat – Respondent
| Table of Content |
|---|
| 1. family partition allotted properties; plaintiffs claim prescriptive easement over pathway. (Para 2) |
| 2. no substantial question of law; submissions heard. (Para 3 , 4) |
| 3. prescriptive right unproven due to suppression, contradictions, prior pathway grant. (Para 5 , 6 , 7 , 8) |
J U D G M E N T
The 1st plaintiff in OS No.257/2004 on the files of the Principal Munsiff’s Court, Kasaragod, a suit for injunction, has come up in the present second appeal, aggrieved by the concurrent findings rendered against him by the Additional District Court (Adhoc-II), Kasaragod in AS No.100/2008.
2. The facts in brief are as follows:
The suit was instituted by the plaintiffs claiming that the plaint 'A' and 'B' schedule properties originally belonged to a Hindu Undivided Family of which the plaintiffs and the defendants are the members. As per the registered partition in between the members of the said family on 31.10.1957, 'A' schedule properties, among other items, were allotted to the branch of the 1st plaintiff and his late brother Madhava Bhat and their ancestors, and they were put in possession of the branch of the plaintiffs. After the death of the other members of the branch, the
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