NOUFAL Vs. SOMAN,S/O. KESAVAN, VELAMPARAMBU VELIYIL

JUDGEMENT

(1.) The defendants in O.S.No.144 of 2018, on the files of Additional Munsiff Court, Alappuzha, are the petitioners, and the respondent was the plaintiff. The suit was filed seeking a declaration of easement of necessity and for a mandatory injunction to remove the obstruction in item No.3 pathway.

(2.) The case of the plaintiff is that he is the absolute owner in - possession of 4.85 ares of land which is described as plaint item No.1 property. Item No.2 property is lying on the eastern side of item No.1 property, having an extent of 2.65 ares, which is under the ownership-in-possession of defendants. Plaint item No.3 is a pathway in existence at the southern side of item No.2 in east west direction. When the said pathway was closed by the defendants, the suit was filed.

(3.) Defendants entered appearance and filed a written statement and also I.A.No.1087 of 2018 for hearing a preliminary issue regarding the maintainability of the suit under Order 14 Rule 2(b) and Sec. 151 CPC. The preliminary issue raised was, 'Is the suit barred by any law for the time being in force?'.