J U D G M E N T

Aggrieved by the concurrent findings against the interlocutory application, the petitioner has come up with this writ petition before this Court.

2. It is stated in the plaint that the plaintiff and the defendant are neighbours residing in residential houses located in Gandhipuram in Chilampil Lane in Sreekariyam Muri of the Thirvuananthapuram Taluk. The residential house of the defendant is located immediately to the east of the house of the plaintiff.

3. According to the plaintiff, as per sale deed No.2511 of 1982, he obtained a right by grant to use a pathway having width of 16 links and a length of 37 metres starting from the Chilampil Lane on the east. The plaintiff would say that the defendant has no right to use the same and is causing obstruction for use and enjoyment of the way so obtained by him. Along with the suit it appears that the plaintiff has preferred I.A. No.4307 of 2007 seeking an interim prohibitory injunction.

4. The defendant entered appearance and contested the matter. It is pointed out by him that the way was being used as access to various plots which initially belonged to a common predecessor in interest who had later sold the property to a th