JUDGMENT

Dated this the 27th day of September, 2022 This appeal has been directed against the judgment and decree in A.S. No.99/2012 on the file of Sub Court, Ottappalam which in turn arose out of judgment and decree in O.S. No.131/2009 on the file of Munsiff- Magistrate's Court, Pattambi.

2. The appellants are the defendants and the suit was one for permanent prohibitory injunction. (Parties would hereinafter be referred as per their status before the trial court.) The plaint schedule property originally belonged to the mother of the plaintiff as well as the 1st defendant as per the partition deed No.1365/94 of Thrithala Sub Registrar Office dated 27.4.1994. The mother of the plaintiff executed a registered will No.117/1994 of Thrithala S.R.O. dated 25.11.1994 in favour of the plaintiff. Mother expired on 04.10.2002. Thereby, plaintiff is in absolute possession and enjoyment of the plaint schedule property.

3. The plaintiff has been residing in the house situated in the plaint schedule property with family. The plaint schedule property is situated within definite boundaries. The 1st defendant made attempt to trespass into the plaint schedule property raising untenable claims. He made