JUDGMENT :

This Regular Second Appeal is by the defendant in a suit for prohibitory injunction against obstruction of a way described in the plaint 'C' schedule. The plaintiff claimed prescriptive easement right over the way. The suit, though dismissed by the trial court, was decreed in appeal.

2. The plaint 'A' and 'B' schedule properties belong to the plaintiff. Plaint 'C' schedule is the way over which prescriptive right is claimed. It is described as having a width of 2.75 metres situated in the property of the defendant.

3. One Kelappa Panicker and his wife Kallyani, had three sons viz, Bhanu Panicker-the plaintiff, Kunhiraman Panicker and Balan Panicker-the father of the defendant. A larger extent of property including the plaint schedule properties originally belonged to Kelappa Panicker. In the year 1961, he conveyed the properties to his wife and children as per Settlement Deed No.274/1961. In the year 1976, the mother and children executed Ext.A1 Partition Deed. Under Ext.A1 partition, the plaint 'A' schedule property was allotted to the share of the mother, the plaint 'B' schedule which lies on the south of the plaint 'A' schedule, along with properties on the east and west