JUDGMENT

This Regular Second Appeal has been directed against the judgment and decree in A.S.No.34/2014 on the file of Subordinate Judge's Court, Ernakulam, which arose out of judgment and decree in O.S.No.85/2011 on the file of First Additional Munsiff's Court, Ernakulam.

2. Appellant is the defendant in O.S.No.275/2009. (The parties would hereinafter be referred as per their status before the trial court).

3. The suit was one for declaration, permanent prohibitory injunction and mandatory injunction. Plaint 'A' schedule property is jointly owned by the plaintiff and her husband and is having an extent of 4.20 Ares. Defendant is the owner of plaint 'B' schedule property which is situated on the southern side of plaint 'A' schedule property. A 14 links wide pathway has been provided from plaint 'A' schedule property upto the public road for ingress and egress towards east which is described as plaint 'C' schedule pathway. The predecessor in interest of the plaintiff have also been using plaint 'C' schedule pathway openly and without any interruption. There was a thondu on the eastern side of plaint 'A' schedule property which starts from plaint 'C' schedule pathway and runs towards p