KIZHAKKE NELIYARAMBATH RAFEEK Vs. THAVARARAKKATTIL CHOYIKUTTY MASTER

JUDGEMENT

(1.) Common questions of law and fact arise in the above appeals and, therefore, this Court deems fit and proper to consider the above appeals jointly.

(2.) R.S.A.No.39/2021 is directed against the judgment and decree dated 7.3.2020 in A.S.No.14/1997 of the Additional District and Sessions Court, Vatakara (hereinafter referred to as 'the first appellate court') which arose out of the judgment and decree dated 21.12.1996 in O.S.No.163/1989 of the Munsiff's Court, Koyilandy (hereinafter referred to as 'the trial court'). The appellant herein is the plaintiff. The respondents herein are the defendants 1 and 3. The suit was for declaration of easement right and injunction.

(3.) R.S.A.No.64/2021 is directed against the judgment and decree dated 7.3.2020 in A.S.No.20/1997 of the Additional District and Sessions Court, Vatakara which arose out of the judgment and decree dated 21.12.1996 in O.S.No.216/1989 of the Munsiff's Court, Koyilandy. The appellants herein are the defendants. The respondent herein is the plaintiff. The suit was for permanent prohibitory injunction.