JAMES P JOSEPH Vs. P J JOSEPH @ JOY

JUDGEMENT

(1.) Challenging the concurrent findings in O.S.No.400/2012 of the Principal Munsiff's Court, Ernakualm, followed by those of the Subordinate Judge's Court, Ernakulam in A.S.No.68/2015, the plaintiff has come up in Regular Second Appeal. The plaintiff and defendant are brothers.

(2.) The suit is one for declaration and perpetual injunction for protecting a right of way of easement of necessity being claimed by the plaintiff through the property of the defendant. The defendant had preferred a counter claim of perpetual injunction against trespass, and mandatory injunction for demolishing portions of the plaintiff's house protruding into the portions of the property of the defendant.

(3.) The suit as well as the counter claim were dismissed. The dismissal of the counter claim has become final, since no appeal has been preferred on it. The plaintiff, who was non-suited, had unsuccessfully challenged the dismissal through A.S.No.68/2015. The Subordinate Judge's Court, Ernakulam, dismissed the appeal.