ABRAHAM Vs. MATHAI

JUDGEMENT

(1.) The petitioner is the plaintiff and the respondents are the defendants in the suit O.S.No. 205/2011 on the file of the Munsiff's Court, Muvattupuzha.

(2.) The suit is instituted for granting a decree of declaration that the plaintiff has got right to get lateral support to the plaint B schedule way from the adjoining plaint D schedule property owned by the defendants. The plaintiff has also prayed for granting a decree of prohibitory injunction restraining the defendants from committing any act in the plaint D schedule property which would destroy the lateral support to the plaint B schedule way and also restraining the defendants from trespassing into the plaint E schedule property and constructing any way through that property.

(3.) The defendants filed written statement in the suit, raising also a counter claim. They contended that the plaintiff has got no right over the plaint B schedule way. By way of counter claim, they sought a decree of declaration that they have got right of easement by necessity over the property shown as item No.2 in the schedule of the counter claim and also for granting a decree of mandatory injunction directing the plaintiff to remove the obstructions made by him in that property.