JUDGMENT :

Plaintiffs 1, 2 and 5 in O.S 507/1993 on the file of the Munsiff's Court, Thiruvalla are the appellants. During the course of proceedings appellant No.1 died. Her Legal Representatives were impleaded as additional appellants 4 to 6. Respondents are the defendants. The plaintiffs instituted the Original Suit for a declaration that Ext.A5 order of the Superintendent of Survey (Re-survey) Pathanamthitta, in respect of a strip of land comprised in Re-Survey No.38/4 of Thottappuzha village, is null and void and for a consequential relief of injunction against defendant No.5.

2. Plaintiffs are the owners in possession of plaint item Nos.1 and 2 properties. Defendant No.5 is the titleholder of plaint item No.5 property. The strip of land comprised in Re-Survey No.38/4 (item Nos.3 and 4 properties) forms a thodu (watercourse) and the adjacent land (used as a way) appertaining to it.

3. According to the plaintiffs, item No.3 property is a 4 feet wide pathway that starts from the Thiruvalla-Kozhencherry road and joins the plaint item No.1 property. This way further goes towards item No.2 property, a residential building, in which plaintiff No.2 is residing. A stream ('thodu') flows a