JUDGMENT :

This second appeal has been directed against the Judgment and decree, 26.07.2012 passed in A.S.No.82 of 2008, by the Subordinate Court, Valliyoor, wherein, the judgment and decree, dated 25.11.2004, passed in O.S.No.183 of 2001 by the Principal District Munsif Court, Valliyoor, are reversed.

2. The first respondent herein as plaintiff, has instituted a suit in O.S.No.183 of 2001, on the file of the trial Court for the relief of declaration and permanent injunction, wherein, the appellants 1 to 4 and the second respondent have been shown as defendants 1 to 5.

3. In the plaint, it is averred that the suit property was purchased by the plaintiff's father on 09.08.1974 and after his demise, the suit property and other properties were allotted to the share of the plaintiff on 17.08.1986, in particular, the land in Survey No.1329 measuring a total extent of 1.77 cents and in that, 3 cents were allotted in common to all the three brothers totalling 6 cents, was allotted for the pathway and out of the remaining 1.68 cents, the middle portion of 56 cents was allotted to the plaintiff and onethird share in the Well and pump-set and the common pathway was also allotted to the plaintif