JUDGMENT :

K. BABU, J.

1. This Regular Second Appeal emanates from the decree and judgment dated 13.07.2006 passed by the Additional Munsiff, Ernakulam in O.S. No. 1208/2003, which was partly set aside by the Additional District Court, Ernakulam in A.S. No. 110/2007. The defendant is in appeal before this Court under Section 100 of the Code of Civil Procedure, 1908.

2. Material facts in a nutshell are as follows:

2.1. The plaintiffs purchased plaint ‘A’ schedule property, having an extent of 2.370 cents of property with 10 links wide pathway to access the main road on the north, in Survey No. 288/2 of Poonithura Village as per sale-deed bearing No. 4075/1990. There was no compound wall on its eastern side at the time of purchase of the property. The plaintiffs constructed a compound wall on the eastern side and put up a gate having 5 feet width on the northeastern corner. The defendant is residing on the eastern side of the plaint ‘A’ schedule property, which he purchased in 1997 as per sale-deed No. 3246/1997. He constructed a building therein. In 2002, the defendant extended the compound wall upwards. In 2003, the defendant encroached upon the pathway provided to the plaintiffs as pe