ROSAMMA Vs. THOMAS

JUDGEMENT

(1.) THE plaintiff in O.S.No.242 of 2007 of the Munsiff's Court, Pala is aggrieved by the dismissal of that suit as confirmed by the Sub Court, Pala in A.S.No.28 of 2012.

(2.) THE appellant/plaintiff claimed title and possession of item Nos.1 and 2 of the plaint schedule as per document Nos.2234 of 1975 and 1429 of 1987 and Will No.153 of 2006 executed by her husband. According to the appellant, property of the respondent is situated on the north of item No.2. The respondent is gaining access to the road on the northern side through his property. The appellant alleged that the respondent attempted to cut open a way through the suit property and for that purpose, demolished a portion of the kayyala separating item Nos.1 and 2.

(3.) THE learned counsel contends that in respect of the disputed way, another adjacent owner filed a suit against the appellant which ended in dismissal as revealed by Ext.B1 and that the matter is pending decision in R.S.A.No.580 of 2012.