Janaky v. Varghese
Case brief
What is this about?
In a second appeal regarding a suit for permanent prohibitory injunction over a pathway, the High Court held that the lower courts erred in not determining if the way runs through the defendants' property or is independent. The appeal was allowed, and the matter remanded for fresh disposal.
What did the court decide?
The appeal allowed; judgment and decree of courts below set aside; matter remanded to trial court for fresh disposal within six months with liberty to adduce further evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933
SA.No. 990 of 1996(A)
-----------------------------AS.189/1991 of IIND ADDL.DISTRICT COURT, THRISSUR OS.1932/1985 of II ADDL.MUNSIFF COURT,THRISSUR
APPELLANT(S): APPELLANTS/DEFENDANTS 1, 2 AND 5
- ------------------------------------------------------------------------------1. JANAKI, W/O. CHOONDAKKATTIL LATE KUNJALAM, KOMBAZHA DESOM, PAMANCHERY VILLAGE, THRISSUR TALUK.
2. CHANDRAN, S/O.LATE KUNJALAN AND IST APPELLANT DO. DO.
3. ACHUTHAN, S/O. LATE KUNJALAN AND IST APPELLANT.
BY ADVS. SRI.P.VIJAYA BHANU SRI.T.A.UNNIKRISHNAN
Issues for consideration
3 issues framed by the court
Whether a suit for permanent prohibitory injunction without a prayer for declaration of right of easement is maintainable.
Whether a finding regarding the genuineness and existence of a right of easement is necessary in a suit for injunction where easement right is claimed.
Whether the lower courts erred in granting a decree without finding if the pathway runs through the defendants' property or is an independent way.
Parties & counsel
- appellant
Janaki, w/o. Chundakkattil Late Kunjal
- appellant
Chandran, s/o. Late Kunjalan
- appellant
Achuthan, s/o. Late Kunjalan
- respondent
Varghese, s/o. Mutanattu Mathew
- respondent
Sundaran, s/o. Late Chundakattil Kunjalan
Case details
As recorded by the court registry
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