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2017 Supreme(Online)(KER) 29231

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
PUSHPA PAUL – Appellant
Versus
T M SANTHAMMA    Advocate -SRI BECHU KURIAN THOMAS (SR – Respondent


JUDGMENT

The petitioner is aggrieved with the order of the Tribunal at Ext.P15. The litigation has a history insofar as the construction of the petitioner's compound wall and the regularisation having reached the Tribunal and this Court more than three times. The petitioner's husband and his brother purchased 5.25 cents of land with a building therein. Later the brother of the petitioner's husband transferred his one half right to the petitioner's husband. The petitioner was gifted the property by her husband. The petitioner is said to be residing in the said property along with her family.

2. For the marriage of their daughter the petitioner is said to have remodelled the house and in the process also did some repair work on the compound wall which was already existing there. This gave rise to a complaint from the 2nd respondent who has her residence behind the house of the petitioner and whose access is through a pathway lying adjacent to the boundary of the petitioner's property.

Admittedly the pathway starts from a P.W.D. road and ends at the banks of a river. There are houses on both sides of the pathway. The occupants of which, use the pathway for ingress and egress to their re

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