BABY ANITHA Vs. JALAJAKUMARI AMMA

JUDGEMENT

(1.) THE respondent is served but there is no response.

(2.) THE plaintiff has come up in appeal challenging judgment dated 21.02.2012 in A.S.No.372 of 2009 of the first Additional District Court, Kollam whereby the judgment and decree of learned Principal Munsiff, Kollam in O.S.No.123 of 2008 were set aside and the suit was remitted to the trial court to give the respondent opportunity to adduce evidence regarding right of way claimed by the respondent.

(3.) THE appellant claimed that 35 cents in survey 54/4/2 described in the plaint schedule belongs to her as per Ext.A1, settlement deed No.2498 of 1991 executed by her mother and grandmother. She produced Ext.A2 to show that she is paying revenue for the said period. Property of the respondent/defendant is situated on the south and is comprised in resurvey 51/26. The respondent attempted to construct compound wall encroaching into the suit property. Hence the appellant prayed for fixation of boundary and for prohibitory injunction.