SATHEESAN Vs. KUTTAPPAN

JUDGEMENT

(1.) PLAINTIFF in O.S.224 of 2001 on the file of Munsiff Court, Mavelikkara is the appellant. Defendants are the respondents. Appellant instituted the suit seeking a decree for injunction restraining the respondents from trespassing into the plaint schedule property contending that respondents are owning the properties to the north of the plaint schedule property and they are having a way of width of 6 feet and another way through the eastern boundary to reach the southern panchayat road and they have no right to trespass into the plaint schedule property. Appellant also contended that because of the friendship, he had permitted respondents to pass through his property on the western side, for easy and convenient access to the road but they have no right to trespass into his property. Respondents resisted the suit contending that their way to the southern panchayat road is through the western side of the plaint schedule property and appellant is not entitled to cause any obstruction to that way.

(2.) LEARNED Munsiff, on the evidence found that there is no way through the eastern side to reach the southern panchayat road from the property of the respondents as claimed in the plaint and there is a way from the property of the respondents to the south upto the panchayat road and without identifying the boundaries of the plaint schedule property and locating the way, appellant is not entitled to the decree sought for. Appellant challenged the judgment before Additional District Court, Mavelikkara in A.S.183 of 2005. LEARNED Additional District Judge, on reappreciation of the evidence confirmed the findings of learned Munsiff and dismissed the appeal. It is challenged in the second appeal.