JUDGMENT

Dated this the 22nd day of December, 2022 This appeal has been filed against the judgment and decree in A.S. No.47/2009 on the file of 1st Additional District Court, Ernakulam, which in turn arise out of the judgment and decree in O.S. No.646/2006 on the file of Munsiff’s Court, Ernakulam.

2. Plaintiff is the appellant. The suit is one for declaration and consequential injunction. (Parties would hereafter be referred as per their status before the trial court). Plaint schedule item No.1 property belonged to late Varghese and Chacko and they partitioned the property as per deed No.931/1965 of Sub Registry Office, Ernakulam. As per the registered Will No.6/1990 plaintiff’s father Chacko bequeathed his property to the plaintiff. Father of the plaintiff died on 28.12.1990 and thereafter the plaintiff became the absolute owner of the plaint item No.1 property, which is comprised in survey No.359/1 instead of 586/1 referred in the title deed. Plaintiff and his predecessor were enjoying the plaint item No.2 path way for ingress and egress to plaint schedule item No.1 property from Kochappilly road on the eastern side. The open, public, notorious and uninterrupted enjoyment of plai