J U D G M E N T

These Second appeals arise from the judgment and decree of the learned District Judge, Pathanamthitta in A.S. Nos.125 and 126 of 2008, respectively confirming the judgment and decree in O.S. Nos.274 and 250 of 2006, respectively of the court of learned Munsiff, Pathanamthitta. Parties are to referred as plaintiff and defendants as in O.S. No.274 of 2006 for convenience.

2. Plaintiff filed O.S. No.274 of 2006 for declaration of right of easement and prohibitory injunction. First defendant in that suit filed O.S. No.250 of 2006 against the plaintiff and others for a decree for prohibitory injunction against trespassing into her property. Trial court dismissed O.S. No.250 of 2006 and granted a decree in favour of plaintiff in O.S. No.274 of 2006 by a common judgment. That common judgment and decree were confirmed by the learned District Judge, Pathanamthitta.

3. Plaintiff claimed title and possession of item No.1 as per Ext.A1, settlement deed No.4288/1965 executed by his father. Property on the south is item No.2, which belonged to his brother, the late Varghese as per a settlement deed (Ext.B1) executed by their father. On the death of varghese that property devolved o