IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN, J
Sam Sureshkhan – Appellant
Versus
Nalloor Town Panchayat, represented by its Executive Officer – Respondent
| Table of Content |
|---|
| 1. public use of pathways and access rights (Para 1 , 14 , 15 , 16 , 17 , 18) |
| 2. ownership claims over pathways (Para 3 , 4 , 5 , 6 , 7) |
| 3. injunction claims based on property rights (Para 9 , 11 , 12) |
JUDGMENT
The unsuccessful plaintiff is before this Court on appeal. The Second Appeal is filed challenging the judgment and decree, dated 20.12.2017 in A.S.No.33 of 2013 on the file of the Subordinate Court, Kuzhithurai, confirming the judgment and decree, dated 02.03.2019, passed in O.S.No. 392 of 2008 on the file of the I Additional District Munsif Court, Kuzhithurai.
2.For the sake of convenience, the parties are referred to, as per the litigative status before the trial Court.
3.It is the case of the plaintiff that the suit property originally belonged to one Jacob, the Great Grandfather of the plaintiff. A partition deed was executed on 21.06.1977 in the family of Jacob. In the partition deed executed, the suit 'A' schedule property, which was shown as Item No. 1 in the partition deed, was allotted to the share of the plaintiff's father, Nallathampi Evans, his brothers, Jacob Thampi Evans, Jose Linty Evans and Jacob Hentry Banu. The suit 'B' schedule property, which wa
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