IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S., J
Nagamma – Appellant
Versus
Rajeswari – Respondent
| Table of Content |
|---|
| 1. summary of factual disputes regarding an alleged new pathway. (Para 1 , 2 , 3 , 4) |
| 2. framing of substantial questions of law and arguments by counsel. (Para 5 , 6 , 7 , 8) |
| 3. court holds that injunctions require established prima facie case and material evidence. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. modification of decrees to balance property rights and existing easements. (Para 16 , 17) |
JUDGMENT
The defendants in a suit for injunction have come up in the present appeal aggrieved by the concurrent findings rendered against them. The plaintiffs filed O.S.No.92/2001 seeking decree of injunction against the defendants restraining them from trespassing into the plaint schedule properties and converting any portion of the same for a pathway and from doing any illegal acts thereby affecting the right, title, possession, and enjoyment of the plaint schedule properties. According to the plaintiffs, plaint A, B and C schedule properties belong to them covered by different sale deeds. It is alleged that the defendants are having a property on the eastern side of the plaintiffs’ properties and the defendants have no right or authority to create a pathway through the prope
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