Divakaran v. Udayan
Case brief
What is this about?
This regular second appeal dismissed a challenge to the dismissal of a suit for a declaration of easement by prescription. The High Court of Kerala found no substantial question of law as the appellants failed to prove the existence of the claimed pathway.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 4TH DAY OF JULY 2012/13TH ASHADHA 1934
RSA.NO. 773 OF 2012 ()
AS.232/2009 OF SECOND ADDITIONAL DISTRICT COURT, MAVELIKKARA OS.164/2008 OF MUNSIFF'S COURT, MAVELIKKARA
APPELLANTS/APPELLANTS/PLAINTIFFS:
1. DIVAKARAN S/O.RAMAKRISHNAN, VAZHUVELI VEEDU, NADUVILE MURI NOORANADU VILLAGE PIN-690 504.
2. JAYASREE D/O.LEELA, W/O.DIVAKARAN, VAZHUVELI VEEDU NADUVILE MURI, NOORANADU VILLAGE, PIN-690504.
BY ADVS.SRI.R.ANILKUMAR
SRI.P.BANI
Issues for consideration
3 issues framed by the court
Whether the appellants could prove the existence of a pathway to claim a right of easement by prescription.
Whether the lower courts were correct in dismissing the suit for non-suit.
Whether any substantial question of law arose on the facts of the case.
Parties & counsel
- appellant
Divakaran
- appellant
Jayasree
- respondent
Udayan
- respondent
Prasannan
- respondent
Janaki
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court