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2017 Supreme(Online)(KER) 2816

HIGH COURT OF KERALA
K.HARILAL, J
ISAAC – Appellant
Versus
SALOMI – Respondent


Advocates:
SRI.K.S.BABU SMT.N.SUDHA; SRI.DINESH R.SHENOY

JUDGMENT

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The appellant is the plaintiff in O.S.No.351/1991 on the files of the Munsiff's Court, Perumbavoor. The aforesaid suit was one for a prohibitory injunction restraining the 1st defendant from trespassing into the plaint schedule property and cutting open a new pathway through the eastern side of the plaint schedule property. The 2nd defendant's property is situated on the North-Eastern side and the 1st defendant's husband is the owner in possession of the property that lies on the southern side of the plaint schedule property. The northern and western sides of the plaint schedule property are covered by public tarred roads. It is the case of the plaintiff that the defendants have no manner of right over the plaint schedule property. But, they made an attempt to cut open a new pathway from the eastern side of the plaint schedule property in north- south direction, after destroying the pineapple saplings and plantains, which stood in that portion and it was prevented by the timely interference of the plaintiff and he further apprehends that the defendants may cut open a pathway through the said portion of the plaint schedule property. 2. In the written statement

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