ANNIE JOSEPH AND OTHERS Vs. ANNA W/O. ANTHONI, PERUMPARA HOUSE, KOOVAPPALLY. P.O., KOOVAPPALLY VILLAGE, KANJIRAPPALLY TALUK

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Munsiff's Court, Kanjirappally in OS No.215/2008 followed by those of the Subordinate Judge's Court, Pala in AS No.142/2009, the plaintiffs in OS No.215/2008 have filed RSA No.900/2012. The suit was for perpetual injunction restraining the respondents from cutting open a new pathway through the eastern portion of plaint schedule item Nos.1 and 2 properties, towards south. OS No.215/2008 was dismissed by the Munsiff's Court, Kanjirappally on 17.12.2009. Immediately after that the very same plaintiffs filed OS No.8/2010 before the trial court. OS No.8/2010 was filed for the declaration of the title and possession of the plaintiffs over plaint schedule item No.3 and also for directing the defendants to restore plaint schedule item No.3 to its original state and further, for restraining the defendants from making use of plaint schedule item No.3 as a pathway. The said suit was also dismissed by the trial court. Even though the same was appealed against, the lower appellate court has also concurred with the findings entered by the trial court and dismissed the appeal, and hence R.S.A. No.551 of 2014.

(2.) The case of the plaintiffs is that the plaint schedule item No.2 property was purchased by the 2nd plaintiff through Ext.A6 sale deed in the year 2006, and plaint item No.1 property was purchased by the 1st plaintiff in the year 2008 through Ext.A3 sale deed. The 1st plaintiff is the mother of the 2nd plaintiff. The 2nd plaintiff has put up a building in plaint schedule item No.2. According to the plaintiffs, there is a pathway which starts from Koovappally-Perumpara road situated at the north and the said pathway proceeds towards south and it ends at the north-western corner of the property of the defendants. For having access to the said Koovappally-Perumpara road, the plaintiffs are also making use of that pathway, for which a gate has been put up by the 2nd plaintiff at about the middle portion of the eastern boundary of plaint schedule item No.2 property. Plaint schedule item No.1 is situated at the southern side of plaint schedule item No.2. There was a shed situated almost at the north-eastern corner of plaint schedule item No.1, which was being used as a store room by the plaintiffs. Defendants are residing in their property situated at the eastern side of plaint schedule item No.1. The defendants are making use of the aforesaid pathway leading towards north and ends at the Koovappally-Perumpara road for having to and fro access.

(3.) The Kanjirappally-Erumeli road is situated at the southern side of plaint schedule item No.1. There is a concrete road connecting Koovappally-Perumpara road with Kanjirappally-Erumeli road and the said concrete road passes just through the eastern side of the property situated just east to the property of the defendants.