(1.) This Regular Second Appeal has been directed against the judgment and decree in A.S.No.29/2012 on the file of Subordinate Judge's Court, Karunagappally which arose out of judgment and decree in O.S.No.39/2009 on the file of Munsiff's Court, Sasthamcotta.
(2.) The suit is one for permanent prohibitory injunction. Plaintiffs are the appellants. (Parties would hereinafter be referred as per their status before the trial court).
(3.) Plaintiffs have got right of easement for ingress and egress through the plaint schedule pathway which is running through the property of defendants as per compromise decree in O.S.No.107/2000 of the Munsiff's Court, Sasthamcotta. During the pendency of the proceedings, plaintiffs in O.S. No.107/2000 transferred the property to the defendants in the suit and hence defendants are bound by the decree in O.S.No.107/2000. Plaintiffs intend to draw pipeline through the pathway provided in the compromise decree in O.S.No.107/2000 since he has no other source of water for satisfying his basic needs. But defendants obstructed him from drawing pipeline through the pathway. Hence the plaintiffs filed the suit for restraining the defendants 1 to 3 from causing any obstruction in drawing the pipeline through the pathway provided in the decree. Fourth defendant is the Kerala Water Authority.