P M MATHEW Vs. ANTONY MATHEW AND OTHERS

JUDGEMENT

(1.) Challenging the judgment and decree passed by the Additional District Court, Pathanamthitta in A.S. No.72/08, the 2nd defendant in O.S. No.250/04 of the Munsiff's Court, Ranny, has come up in second appeal. The first defendant is no more. His legal representatives are the appellant as well as respondents 2 to 6.

(2.) The suit was originally filed by the first respondent herein as plaintiff as a suit for perpetual injunction, for restraining the defendants and the persons claiming under them from causing any obstructions to the possession and enjoyment of the plaintiff over the plaint schedule property, as well as the private road constructed through the same, and also from changing the lie of the said private road, and from committing any waste on the plaint schedule property and the said private road.

(3.) During the pendency of the suit, the 2nd defendant, who is the appellant herein, purchased the plaint schedule property from the legal representatives of deceased Vasudevan, who was the original patta holder of the property, and consequentially, the appellant was impleaded in the suit as the 2nd defendant. Initially, the suit was filed against the first defendant alone. The first defendant is the father of the 2nd defendant. A relief has been incorporated in the plaint for declaring Ext.B1 as null and void.