This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.40 of 2021 dated 19.09.2023 on the files of the Court of the IV Additional District Judge, Thrissur arose from decree and judgment in O.S. No.8256 of 2015 dated 30.03.2021 on the files of the Principal Munsiff Court, Thrissur. The appellant herein is the plaintiff and the respondent is the defendant in the above suit.

2. Heard the learned counsel for the appellant as well as the learned counsel appearing for the respondent. Perused the relevant materials and the verdicts under challenge.

3. Parties in this appeal shall be referred as “plaintiff” and “defendant” with reference to their status before the trial court.

4. On hearing both sides this appeal stands admitted by formulating the following substantial questions of law:

1. What are the essentials to establish right of easement by prescription as provided under Section 15 of the Indian Easements Act, 1882?

2. Whether the trial court and the first Appellate Court justified in finding suppression of material fact as one among the reasons for denying