REMANAN Vs. CHITHRAN

JUDGEMENT

(1.) This Regular Second Appeal has been directed against the judgment and decree in A.S.No.43/2015 on the file of Additional District Court-II, Alappuzha which in turn arise out of the judgment and decree in O.S.No.628/2012 on the file of Munsiff's Court, Alappuzha.

(2.) Plaintiff is the appellant. Suit is one for permanent prohibitory injunction. (Parties will hereinafter be referred as per their status before the trial court).

(3.) Plaint schedule property having an extent of 8 cents originally belonged to the father of the plaintiff who obtained the same as per partition deed No.2401/1983 of S.R.O, Alappuzha. After the death of father, property devolved upon the plaintiff and his brother Madanappan. Whereabouts of brother is not known for the last more than 25 years. Plaintiff is the absolute owner in possession of the plaint schedule property. It is lying with well defined boundary stones and fence in its north and east. Plaintiff is residing 8 kms away from the plaint schedule property. 2nd defendant is the daughter of the paternal uncle of the plaintiff. The first defendant is her husband and the third defendant is her son. Second defendant has got some property on the western side of the plaint schedule property. The boundary fence separating the plaintiffs and the second defendant's property got damaged due to old age and the properties are now separated with boundary stones. Defendants have no manner of right over the plaint schedule property. The relationship between the plaintiff and the defendants are not cordial.