Varghese Chandy v. Sunny Jacob
Case brief
What is this about?
The court disposed of three second appeals arising from suits over a way. The dispute involved a claim of prescriptive easement by appellants versus a denial by the respondent. The High Court dismissed the appeals, rejecting the contention that a survey commission was necessary for granting a mandatory injunction.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 6TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
RSA.No.1196 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 23.03.2019 IN AS NO.42/2016 OF ADDL. DISTRICT COURT-III, PATHANAMTHITTA, WHICH AROSE FROM JUDGMENT AND DECREE DATED 30.01.2016 IN OS 159/2012 OF MUNSIFF'S COURT, RANNY
APPELLANTS/APPELLANTS/COUNTER CLAIM DEFENDANTS:
1 VARGHESE CHANDY, AGED 53 YEARS, S/O. CHANDY, RRESIDING AT VALYANETHU HOUSE, ANGADI MURI, ANGADI VILLAGE, RANNY TALUK, PATHANAMTHITTA.
2 SAJI P. THOMAS, AGED 45 YEARS,
S/O. THOMAS, RESIDING AT KADIYAMKUNNIL HOUSE, ANGADI MURI, ANGADI VILLAGE, RANNY TALUK, PATHANAMTHITTA.
3 P.T.VARGHESE, AGED 55 YEARS, S/O. CHANDY, RESIDING AT VALYANETHU HOUSE, ANGADI MURI, ANGADI VILLAGE, RANNY TALUK, PATHANAMTHITTA.
Issues for consideration
3 issues framed by the court
Whether a decree for mandatory injunction without identification of property boundaries is erroneous.
Whether the claims of prescriptive easement right of way and existence of a way are established.
Whether substantial question of law arises for consideration in these second appeals.
Parties & counsel
- appellant
VARGHSE CHANDY and others
- respondent
SUNNY JACOB
Coram
SATHISH NINAN
Case details
As recorded by the court registry
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