Devayani v. Lekha
Case brief
What is this about?
The High Court dismissed second appeals challenging civil court orders. The appellant argued that a specific piece of land was a public pathway, but the court held this plea was not raised below and lacked evidence of dedication.
What did the court decide?
Second appeals and interlocutory applications dismissed; judgments below confirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 2ND DAY OF FEBRUARY 2016/13TH MAGHA, 1937
RSA.No. 125 of 2014
AGAINST THE JUDGMENT IN A.S.NO.181/2008 OF SUB COURT, CHENGANNUR
AGAINST THE JUDGMENT IN O.S.NO.20/2006 OF MUNSIFF COURT, CHENGANNUR
APPELLANT(S)/APPELLANTS/DEFENDANTS :
1. DEVAYANI, AGED 65 YEARS, VATTAMUKADIYIL, VADAKKECHARUVIL VEEDU, PERINGALA MURI, MULAKKUZHA VILLAGE.
2. V.J.AJAYAN, AGED 35 YEARS, VATTAYATHIL VEEDU, PERINGALA MURI, MULAKUZHA VILLAGE.
3. SMITHA AJAYAN, AGED 28 YEARS, VATTAMUKADIYIL, VAKADAKKECHARUVIL VEEDU, PERINGALA MURI, MULAKKUZHA VILLAGE.
Issues for consideration
2 issues framed by the court
Whether a point not raised before the courts below can be raised for the first time in a second appeal filed under Section 100 of the Code of Civil Procedure.
Whether continuous user by the defendants since 1982 amounts to dedication of a private property for public use.
Parties & counsel
- appellant
Devayani
- appellant
V.J. Ajayan
- respondent
Lekha
Coram
Case details
As recorded by the court registry
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