MANDAYAPURATH AHAMMED MOOPAN Vs. VELIYANCHERY SANTHAKUMARI

JUDGEMENT

(1.) THE following substantial questions of law are framed in this appeal: (a) Is it legal and proper to remand the case for fresh disposal, permitting parties to incorporate necessary amendments, finding fault with the plaintiffs for not using the nomenclature 'easement by grant', despite the fact that statement of facts made in the plaint on the basis of Ext.A1 which itself form part of it, clearly establishes that right of way through plaint C schedule is granted to their predecessor-in-interest and the same runs with the land?

(2.) THE appeal is brought from the judgment dated 17.01.2012 in A.S.No.274 of 2009 of the first Additional District Court, Kozhikode whereby judgment and decree of learned Principal Munsiff, Kozhikode-II in O.S.No.163 of 2007 were set aside and the suit was remitted to the trial court for fresh decision with certain directions.

(3.) PLAINT C schedule is a way which also is dealt with as per Ext.A1, partition deed. Appellants claimed right of access through the plaint C schedule. They claimed that respondents are attempting to obstruct user of the plaint C schedule and consequently prayed for a decree for prohibitory injunction to restrain the respondents causing obstruction to the appellants using the plaint C schedule as a road and taking vehicles through it.