IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2987 of 2008(E)
1. RADHAMONY, W/O.CHANDRASEKHARAN,
... Petitioner
Vs
1. NARAYANAN, S/O.KUTTAN,
... Respondent
2. SUSEELA, W/O.NARAYANAN OF DO. DO.
3. SATHYAN, S/O.NARAYANAN OF DO. DO.
4. PRASAD, S/O.NARAYANAN OF DO. DO.
5. BINDU, D/O.NARAYANAN OF DO. DO.
6. VIMALA, D/O.NARAYANAN OF DO. DO.
7. MINI, D/O.NARAYANAN OF DO. DO.
For Petitioner :SRI.C.K.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/01/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 2987 OF 2008
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Dated this the 25th day of January, 2008
JUDGMENT
This writ petition is filed against the order of the Subordinate
Judge, Cherthala whereby she had dismissed the application for
injunction filed in AS 3/06 by the plaintiff. The suit was dismissed on
the ground of non identification of the property. There was also a suit
filed by the defendant with respect to the declaration of easement
and that also has been dismissed.
2. The grievance of the writ petitioner is that really there is no
dispute regarding the identification of the property because it relates
only to a way and therefore, the trial court was wrong in dismissing
the suit. It is an order, which requires consideration at the hands of
the appellate court.
Since it relates to a pathway and the enjoyment of the property
by the plaintiff, I direct the learned Sub Judge to dispose of AS 3/06,
at any rate, before the court closes for summer holidays.
The writ petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
vps