JUDGMENT

Common questions of law and fact arise in the above appeals and, therefore, this Court deems fit and proper to consider the above appeals jointly.

2. R.S.A.No.39/2021 is directed against the judgment and decree dated 7.3.2020 in A.S.No.14/1997 of the Additional District and Sessions Court, Vatakara (hereinafter referred to as 'the first appellate court') which arose out of the judgment and decree dated 21.12.1996 in O.S.No.163/1989 of the Munsiff's Court, Koyilandy (hereinafter referred to as 'the trial court'). The appellant herein is the plaintiff. The respondents herein are the defendants 1 and 3. The suit was for declaration of easement right and injunction.

3. R.S.A.No.64/2021 is directed against the judgment and decree dated 7.3.2020 in A.S.No.20/1997 of the Additional District and Sessions Court, Vatakara which arose out of the judgment and decree dated 21.12.1996 in O.S.No.216/1989 of the Munsiff's Court, Koyilandy. The appellants herein are the defendants. The respondent herein is the plaintiff. The suit was for permanent prohibitory injunction.

4. On trial, treating O.S.No.163/1989 as the leading case, on the side of the plaintiff PWs.1 to 4 were examined and marked