Mathai v. Leela Rajan
Case brief
What is this about?
Appeal by plaintiffs challenging dismissal of suit for perpetual prohibitory injunction. The court upheld lower courts' finding that the alleged 'B' schedule motorable road never existed and dismissed the appeal.
What did the court decide?
The appeal was dismissed and the suit was confirmed as for dismissal.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932
RSA.No. 298 of 2010()
--------------------AS.33/2008 of II ADDL.SUB COURT,ERNAKULAM OS.522/2001 of MUNSIFF COURT,MUVATTUPUZHA
APPELLANTS
- MATHAI, S/O.MATHAI RESIDING AT KOZHIPLAKEEL HOUSE KOOTHATTUKULAM KARA, KOOTHATTUKULAM VILLAGE.
- ELEZEBATH ALIAS ELEESUBA W/O.MATHAI, RESIDING AT DO..DO..
- SUSAN SANTHOSH, W/O.SANTHOSH, RESIDING AT KOZHILAKEEL ASWATHY JUNCTION, KOOTHATTUKULAM 686662
- ASHNA SANTHOSH D/O.SANTHOSH, RESIDING AT DO..DO..
Issues for consideration
2 issues framed by the court
Whether the 'B' schedule motorable road claimed by the plaintiffs existed and was a valid term of the sale deed.
Whether the trial and first appellate courts erred in finding that the road never existed.
Parties & counsel
- appellant
MATHAI
- appellant
ELEZEBATH ALIAS ELEESUBA
- appellant
SUSAN SANTHOSH
- appellant
ASHNA SANTHOSH
- respondent
LEELA RAJAN
Case details
As recorded by the court registry
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