ELSY FRANCIS Vs. SECRETARY, MATTATHUR GRAMA PANCHAYATH

JUDGEMENT

(1.) This Regular Second Appeal emanates from the decree and judgment dtd. 15/3/2007 passed by the Munsiff's Court, Chalakkudy, in O.S.No.266 of 2005, which was confirmed by the Principal Subordinate Judge's Court, Irinjalakkuda in A.S. No.59 of 2007. The plaintiff is in appeal before this Court under Sec. 100 of the Code of Civil Procedure.

(2.) The case of the plaintiff in a nutshell is as follows:- The plaint schedule property belongs to the plaintiff. Defendant No.1 is Mattathur Grama Panchayat. The property of the Panchayat is on the eastern boundary of the plaint schedule property. The other defendants have property on the east and southern sides of the plaint schedule property. Defendant Nos.3 to 9 are making preparations to convert a thodu that lies on the east of the property as a pathway. The plaintiff attempted to protect the suit property by constructing a compound wall. The Panchayat obstructed the plaintiff. The thodu that flows on the east belongs to the plaintiff. The plaintiff is entitled to a declaration that the thodu on the east of the property belongs to her. The plaintiff is also entitled to a permanent prohibitory injunction restraining the defendants from obstructing the construction of the compound wall on the western boundary of the thodu.

(3.) Defendant No.1, the Panchayat, resisted the suit and pleaded the following:-