GANGADHARAN Vs. SHAMSEERA

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in O.S.142/2007 on the file of Munsiff Court, Koyilandy are the appellants. Respondents 1 and 2 are the plaintiffs and third defendant in the suit. Respondents 1 and 2 instituted the suit seeking a decree for injunction. Appellants resisted the suit contending that they have got a right of way and on the west of the plaint schedule property, there is a way which starts from Vengalam-Vellikulangara road and proceeds towards the north. They also preferred a counter claim seeking a decree for removal of the obstruction caused to the public way. Learned Munsiff on the evidence dismissed the counter claim and granted a decree for injunction in favour of respondents 1 and 2. Appellants filed A.S.10/2009 challenging the decree granted in favour of respondents 1 and 2. A.S.12/2009 filed challenging the dismissal of the counter claim. Learned Sub Judge on reappreciation of evidence allowed A.S.10/2009 holding that respondents 1 and 2 are not entitled to the decree for injunction sought for. A.S.12/2009 challenging the counter claim was dismissed. This appeal is filed challenging the dismissal of A.S.12/2009 whereunder the dismissal of the counter claim was confirmed by the Sub Judge.

(2.) LEARNED counsel appearing for the appellants was heard.