K.HARILAL
Thajudeen S/o Picha Rawther – Appellant
Versus
Mohammed Haneefa S/o Abdul Azeez – Respondent
K. Harilal, J.
1. The appellants are the plaintiffs in O.S. No. 387/1992 on the files of the Principal Munsiff's Court, Palakkad. The aforesaid suit was one for prohibitory injunction restraining the defendants from closing the plaint 'B’ schedule canal used for draining out water from the plaint ‘A’ schedule property. According to the plaintiffs, they are conducting an industrial unit in ‘A’ schedule property. The defendants’ property is situated on the east of ‘A’ schedule, which lies on a lower level than plaint ‘A’ schedule property. The slope of ‘A’ schedule property is from south to north and from west to east. Rain water and water from bathroom and kitchen from plaint A schedule property flows through the ‘B’ schedule canal situated in the defendants’ property and reaches at the municipal drain on the east. Apart from ‘B’ schedule canal, there is no other way from ‘A’ schedule property to discharge water. The plaintiffs and their predecessors are flowing rain water and sullage water through ‘B’ schedule canal for decades, openly, uninterruptedly and feasibly and nobody has any right to obstruct the same. Now the defendants are trying to close ‘B’ schedule canal. If
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