MOHANAN Vs. PRASANNA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and respondents.

(2.) Aggrieved by the order of remand passed by the Subordinate Judge, Chengannur, by a common judgment in A.S Nos.25 & 26 of 2011, the plaintiff in O.S No.167 of 2009 before the Court of Munsiff, Chengannur, who are the the defendants 2 and 4 in O.S No.324 of 2006 before the same court, have come up in appeal.

(3.) O.S No.324 of 2006 is a suit for permanent prohibitory injunction against 4 defendants. According to the plaint averments, plaint item Nos.1 to 3 belonged to the plaintiff by virtue of registered assignment deeds. It is averred that the plaintiff is in possession of the property. Property on the east of the plaintiff's land belonged to the first defendant. On the north, the second defendant's property is situate and further north, the third defendant's property is located. Fourth defendant's property is on the eastern side of the third defendant's property. A 'thoduvazhy' exists in east-west direction through the southern side of the properties. According to the averments in the plaint, width of 'thoduvazhy' is 3 metre. The defendants attempted to carve out a new way through the plaint schedule property, which is sought to be injuncted.