JUDGMENT :

K. BABU, J.

1. The judgment dated 11.6.2014 in A.S. No. 15 of 2009 on the file of the Subordinate Judge’s Court, Ottappalam is under challenge in this appeal. A.S. No. 15 of 2009 arose from the judgment of the Munsiff-Magistrate Court, Pattambi in O.S. No. 143 of 2006.

2. The defendants are the appellants. The plaintiff is the respondent.

3. Material facts relevant for the adjudication of this appeal are narrated below:

3.1. The plaintiff instituted the original suit for a permanent prohibitory injunction restraining the defendants from trespassing upon the plaint schedule property and causing any disturbance to the peaceful enjoyment of the same. The plaintiff is the owner in possession of the plaint ‘A’ schedule property. He acquired title over this property as per Ext.A1 assignment deed. The plaint ‘B’ schedule property was kept in common as per the partition deed of 1946 (Ext.A4). The properties were divided in 1973 under Ext.A3 partition deed among the plaintiff’s father Sri. Kurian, Sri. Cheru and Sri. Simon. Sri. Simon and Sri. Cheru assigned the properties to Smt. Annie, Sri. David and Sri. Geever. The ‘B’ schedule way has been formed exclusively for the use of Sri. C