LAWS(KER)-2012-6-267

G SURENDRAN Vs. SAILAS @ BABU

Decided On June 20, 2012
G.SURENDRAN Appellant
V/S
SAILAS @ BABU Respondents

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking the following relief:

(2.) BRIEFLY put, the case of the petitioners is that the residence of the petitioners is situated in an extent of 6 cents of land devolved under Sale Deed No.3909 dated 10.12.1990. Since 1990 petitioners are exclusively in possession and enjoyment of the property uninterruptedly without any interference from any one. The pathway having 9 links width is the only means of ingress and egress to the said property. There is no civil suit filed against the petitioners. Petitioners purchased 1 cent of property on the northern side of the pathway. Ext.P1 is the rough sketch. On 30.5.2012 the first petitioner got a message that his uncle residing at Aluva had expired and the petitioners started from their residence by car. The pathway leading to Corporation pathway is blocked by unloading granite sand. Due to the hindrance petitioners could not move from their residence by car. Ext.P2 is the photographs. It is also stated that, it is informed that respondents 2 to 4 are going to start constructions in their respective shares and all the building materials would be unloaded in the pathway. Since illegal activities creating hindrance in the pathway exclusively belong to the petitioners is continued, Ist petitioner filed Ext.P3 and petitioners are before us.