C. S. DIAS
Viswanathan S/o Gopalan Adiyodi – Appellant
Versus
M. K. Sreedharan Nambiar S/o Late Appukurup – Respondent
JUDGMENT :
C.S. DIAS, J.
1. The appellants are the defendants in O.S. No. 205/2011 of the Court of the Munsiff, Vadakara (Trial Court) and the appellants in A.S. No. 13/2013 of the Court of the Subordinate Judge, Vadakara (Lower Appellate Court). The respondent in the second appeal was the plaintiff before the Trial Court and respondent before the Lower Appellate Court. The parties are referred to as per their status in the original suit.
2. The plaintiff had sought a decree for permanent prohibitory injunction to restrain the defendants and their men (i) from blocking the pipe fixed on the northern and north-eastern compound wall of the plaint schedule property for the free flow of rain water to the lane on the northern side, (ii) from blocking or preventing the flow of rain water from the plaint schedule property through the lane, (iii) from causing any damage to the compound wall of the plaint schedule property and (iv) from interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property.
3. The concise facts in the plaint, which are relevant of the determination of the appeal, are: the plaintiff is the owner in possession of the plaint schedule pr
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