B.P. Mohanan vs V. Madhavan
2024 Latest Caselaw 15781 Ker

Kerala High Court

B.P. Mohanan vs V. Madhavan on 6 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
                    IA.NO.1/2023 IN RSA NO. 463 OF 2023
                    OS 47/2013 OF MUNSIFF COURT,HOSDRUG
                      AS 34/2020 OF SUB COURT,HOSDRUG
PETITIONER/APPELLANT:

     B.P. MOHANAN, AGED 64 YEARS, S/O. PURUSHOTHAMAN, RESIDING AT LAXMI
     NAGAR, HOSDURG VILLAGE, HOSDURG TALUK, KANHANGAD P.O.,KANNUR
     DISTRICT-671315

RESPONDENT/RESPONDENT:

     V. MADHAVAN, AGED 72 YEARS, S/O. (LATE) V.V. MUTHU, RESIDING AT
     LAXMI NAGAR, ALAMIPALLI, HOSDURG VILLAGE, HOSDURG TALUK, KANHANGAD
     P.O.,KANNUR DISTRICT-671315.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the Judgment and Decree in AS.No.34 of 2020 of the Sub Court, Hosdurge
in OS.No.47 of 2013 of the Munsiff Court,Hosdurg, pending disposal of the
appeal.
     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.PRANOY K.KOTTARAM, GEORGE MATHEWS, Advocates for the petitioner,
the court passed the following:
                                         C.S.SUDHA, J.
                   --------------------------------------------------------------
                                     RSA No.463 of 2023
                                                 &
                                       I.A. No.1 of 2023
                  ---------------------------------------------------------------
                            Dated this the 6th day of June, 2024
                                          ORDER

This appeal is admitted on the following substantial questions of

law:

i) Did the first appellate court grant a decree despite the absence

of specific pleadings regarding easement by grant?

ii) Did cessation of use of the pathway lead to a presumption of

abandonment of the right?

iii) Can there be a partial release of the right of easement by

express grant?

2. Issue notice to the respondent. Call for TCR.

For return of notice, post on 03/02/2025.

Interim order as sought for in I.A. No.1/2023 is granted till the next

hearing date.

Sd/-

C.S.SUDHA JUDGE NP 06-06-2024 /True Copy/ Assistant Registrar