Leelamma, v. Rajan
Case brief
What is this about?
The High Court of Kerala dismissed the first appeal filed by plaintiffs challenging the first appellate court's decree that reversed the trial court's injunction suit. The court held that plaintiffs have only a right of way and not title over the disputed path.
What the court decided
RSA.No.1336 of 2004 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
RSA.No.1336 of 2004
AGAINST THE DECREE & JUDGMENT DATED 15-03-2004 IN AS 44/1999 OF ADDITIONAL SUB COURT, IRINJALAKUDA
AGAINST THE DECREE & JUDGMENT DATED 12-01-1999 IN OS 1753/1997 OF PRINCIPAL MUNSIFF COURT ,IRINJALAKUDA
APPELLANTS/(PLAINTIFFS - RESPONDENTS):
1 LEELAMMA, D/O.VELUTHEDATH NARAYANI AMMA, MOORKKANAD DESOM, PORATHISSERY VILLAGE,, P.O.MOORKKANAD, MUKUNDAPURAM TALUK,, THRISSUR DISTRICT.
2 RAMAN NAIR, (DIED) S/O.SANKARAN NAIR, MOORKKANAD DESOM, PORATHISSERY VILLAGE, P.O.MOORKKANAD, MUKUNDAPURAM TALUK,, THRISSUR DISTRICT.(LRs IMPLEADED)
Issues for consideration
1 issue framed by the court
Whether annexing a portion of registered holding with the way in dispute would alter the character of the way or the portion annexed would stand as merged acquiring the character of a portion of a way
Parties & counsel
- appellant
1 LEELAMMA, D/O.VELUTHEDATH NARAYANI AMMA & ORS.
- respondent
RAJAN, SON OF NEDIYEDATH LAKSHMIKUTTY AMMA
Coram
P.SOMARAJAN
Case details
As recorded by the court registry
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