JUDGMENT

R.S.A No.640 of 2008 arises from O.S No.82 of 2002 and R.S.A No.675 of 2008 arises from O.S No.71 of 2003. The appellant is the plaintiff in both the suits. O.S No.82 of 2002 is filed against four neighbouring owners of the plaintiff as defendants. O.S No.71 of 2003 is filed against the Municipality as a defendant. Both the suits are for prohibitory injunction against the defendants from forming a way through the plaint schedule properties. The suits were dismissed concurrently by the courts.

2. The plaint 'A' schedule property has an extent of 24 cents. The plaintiff claims title over the same as per Ext A1 Partition Deed executed in the plaintiff's family whereunder it was allotted to the plaintiff as included in item No.1 therein. Plaint 'B' schedule property has an extent of 10 cents. Under Ext A1 Partition Deed, it was allotted to the plaintiff's sister as included in item No.2 therein. She conveyed the property in favour of the plaintiff as per Ext A2 sale deed. The plaint 'C' schedule was purchased by the plaintiff from the 3rd defendant and his two sisters as per Ext A3 Sale Deed. The plaint 'B' schedule is on the western side of plaint 'A' schedule and the plaint '