JUDGMENT :

R. Narayana Pisharadi, J.

1. The petitioner is the second defendant and the first respondent is the plaintiff in the suit O.S. No. 55/2020 on the file of the Munsiff's Court, Thalassery. The second respondent is the first defendant in the suit.

2. The suit is instituted for granting a decree for demarcation of the eastern boundary of the plaint A schedule property owned by the plaintiff. The plaintiff has also sought a decree of prohibitory injunction restraining the defendants from trespassing into the plaint A schedule property and making any construction in that property.

3. The material averments in the plaint are as follows: The plaint A schedule property belongs to the plaintiff. The property on the eastern side of the plaint A schedule property, which is described in the plaint B schedule, jointly belongs to the defendants. There is definite boundary on all sides of the plaint A schedule property, except on the eastern side. There was a small mud varamba on the eastern side of the plaint A schedule property separating it from the plaint B schedule property. This varamba collapsed and it is not in existence now. The defendants are making some construction in their prop