Petitioner in this petition under S.482 of the Code of Criminal Procedure claims right of way over the respondents' property. It appears, the petitioner's predecessor filed a suit O. S.256 of 1977 seeking establishment of right of easement and the suit was dismissed. After the petitioner acquired right to the adjoining property, he filed a suit O. S.91 of 1979 for declaration of his easement right and for injunction.

That suit also was dismissed. Thereupon, he filed yet another suit O. S.715 of 1982 claiming an easement of necessity. It appears, the injunction application filed by him was dismissed and he has filed an appeal against that order A few years ago, the respondents attempted to put up a compound wall around their property. When they were about to build the wall at the place where the petitioner and his predecessors claim the right of way, they were obstructed and that portion was not built up. When the two suits ended, they wanted to build up that portion also and apprehending obstruction by the petitioner they filed a petition before the Revenue Divisional Officer (Sub Divisional Executive Magistrate), Fort Cochin seeking police aid. While that petition was p