1. Appellant has called in question the legality of the Judgment and Decree passed on 30.07.2007 in R.A.No.208/2004 by the learned Civil Judge (Sr.Dn.), Mangalore D.K., confirming the Judgment and Decree dated 30.10.2004 passed in O.S.No.424/2004 by the learned Civil Judge (Jr.Dn.), Mangalore, D.K., dismissing the suit filed by the appellant.

2. The material facts in a nutshell are as follows:-

O.S.No.424/2004 was filed by the appellant/plaintiff, to pass permanent mandatory injunction directing the defendant/respondent to close the opening made by the defendant on the north-eastern side of his property for gaining access to ‘PPP way’ existing in the ‘A’ schedule property, being the opening demarcated as ‘AB’ in the plan annexed to the plaint and for passing decree of permanent prohibitory injunction restraining the defendant from entering into ‘B’ schedule property, through ‘PPP pathway’, passing through ‘A’ schedule property and for incidental reliefs.

3. Plaintiff is the owner of the plaint ‘A’ schedule property and defendant is the owner of the plaint ‘B’ schedule property. Both the said items of properties earlier belonged to the late Flora Correa i.e., mother of the