1. Plaintiff in a suit for declaration of title and consequential prohibitory injunction has come up in this second appeal by challenging the judgment and decree of the lower appellate court. Prominent prayer in the suit is for a declaration that the plaintiff and his mother had prescribed title over plaint A schedule property by adverse possession and limitation and the defendants (State of Kerala and the Assistant Engineer, PWD, National Highway Section) ceased to have any title to the same. Consequentially, a permanent prohibitory injunction decree restraining the defendants, their men or agents from trespassing into plaint A schedule property is also claimed.

2. In the trial court, the plaintiff succeeded and obtained a decree as prayed for. Against the judgment and decree of the trial court, the State went in appeal before the lower appellate court where the plaintiff was defeated. The lower appellate court relying on a short note report published in a law journal of the decision in held that the plaintiff/appellant is precluded from filing a suit based on an ownership acquired by adverse possession and limitation. Further, the lower appellate court found that the sui