JOSE JOSEPH Vs. VIJAYA KAMATH AND OTHERS

JUDGEMENT

(1.) This second appeal is at the instance of the additional second defendant in OS No. 243 of 2009 on the file of the Court of Munsiff, Thodupuzha. The suit was one for declaration of right to use a pathway and for injunction. The plaintiff is the contesting respondent.

(2.) Heard the learned counsel appearing for the appellant and the learned senior counsel appearing for the plaintiff/contesting respondent.

(3.) Averments in the pleadings in short are as follows:-