IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
IA.NO.1/2022 IN RSA NO. 350 OF 2022
AS 98/2019 OF SUB COURT, CHENGANNUR
OS 59/2016 OF MUNSIFF COURT,CHENGANNUR
PETITIONERS/APPELLANTS:
1. SADASIVAN NAIR, AGED 76 YEARS, S/O. RAMAKRISHNA KURUP, MAMPALLIL, CHAITHANYA
HOUSE, CHERIYANADU WEST MURI, CHERIYANADU VILLAGE, CHENGANNUR TALUK.
2. VINEETHA S. RAJAGOPAL, AGED 46 YEARS ,D/O. SADASIVAN NAIR, MAMPALLIL, CHAITHANYA
HOUSE, CHERIYANADU WEST MURI, CHERIYANADU VILLAGE, CHENGANNUR TALUK.
RESPONDENT/RESPONDENT:
K.M.VARGHESE, AGED 74 YEARS, S/O. K.V. MATHAI, SHOJI VILLA, ELANJIMEL SOUTH MURI,
PULIYOOR VILLAGE, CHENGANNUR TALUK.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to restrain the respondent/plaintiff from causing any obstruction to the peaceful
enjoyment and user of the plaint schedule item No.4 by the appellants, pending disposal of the RSA.
This Application coming on for orders upon perusing the application and the affidavit filed in
support thereof, and upon hearing the arguments of M/S.P.R.VENKATESH, G.KEERTHIVAS, Advocates
for the petitioners, the court passed the following:
M.R.ANITHA, J.
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R.S.A.No.350 of 2022
&
I.A.No.1 of 2022
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Dated this the 17th day of June, 2022
ORDER
Admit.
Issue notice to respondent.
Following substantial questions of law are formulated:
1. Whether plaint schedule item No.4 is a private pathway and plaintiff has exclusive right over the same?
2. Whether the judgment and decree passed by the first appellate court is perverse and illegal due to misappreciation of evidence?
3. Whether the appellant has established easement by implied grant over plaint item No.4 way? I.A.No.1 of 2022:
Both sides are directed to maintain the status quo as on the date of appellate decree until further orders.
Sd/-
M.R.ANITHA
shg/ JUDGE
17-06-2022 /True Copy/ Assistant Registrar