SARADA Vs. ATHRA PULIKKAL PARAMESWARAN

JUDGEMENT

(1.) Appellants are the legal representatives of the original defendants in O.S.No.108/1992 of the Munsiff's Court, Parappanangadi. The said suit was filed for declaration of the right of easement by way of prescription over plaint B schedule item, perpetual injunction and for damages. The suit was dismissed and consequently A.S.No.113/1995 was filed before the Additional District Court-III, Manjeri.

(2.) According to the appellants, pending first appeal, the matter was settled between the parties out of court and the respondents herein had agreed to withdraw from the appeal. Later, the appellants in the said appeal had allegedly retracted from their promise and they proceeded with the appeal and secured the impugned judgment and decree in their favour, and hence this second appeal.

(3.) This Court has admitted this second appeal on the following substantial questions of law raised in the appeal memorandum: