BABU, S/O.GOPALAN Vs. SASIDHARAN

JUDGEMENT

(1.) THE Plaintiffs in O.S. No.7 of 1999 of the Munsiff's Court, Varkala are aggrieved by the dismissal of the suit and the decree on the counter claim and have preferred this Second Appeal.

(2.) THE appellants-plaintiffs claimed that the suit property - 24 cents in Sy. No.2189/1-2 belonged to the family of the late Gopalan. He executed Ext.A2, Will No.101/1985 in favour of the 1st appellant and his brother, the late Thankappan (he died on 08.02.1997). Gopalan died on 12.08.1996. Thus the suit property belonged to plaintiffs 2 to 5 and the 6th defendant. (The suit was filed on behalf of the 6th defendant also as he was not available to join the plaint). The 1st defendant has property on the northern side. Defendants 2 to 5 are the wife and children of the 1st defendant. There is a pathway along southern side of the suit property and there is a mud wall to separate the suit property and the said way. Apprehending that the defendants might interfere with the way, the plaintiffs filed the suit for prohibitory injunction to protect their right of access.

(3.) THE trial court found that the defendants failed to prove the width of the way over which they are claiming right. Claim of the plaintiffs also was not accepted. Consequently the suit and the counter claim were dismissed.