J U D G M E N T

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These Second Appeals arise from common judgment and decree of learned Sub Judge, Perumbavoor in A.S. Nos.99 and 98 of 2007 arising from common judgment and decree in O.S. Nos.36 and 63 of 2004 of the learned Munsiff, Kolencherry. O.S. No. 63 of 2004 concerned declaration of right of easement by way of prescription and consequential reliefs over the disputed “thondu” as the plaintiff in that suit say and “trench” as defendant No.2 in that suit would reply. Defendant No.2 in O.S. No.63 of 2004, alleging that plaintiff and defendant No.1 are colluding to defeat him and attempting to trespass into his property filed O.S. No.36 of 2004 seeking decree for prohibitory injunction. He claimed that the trench (described in O.S. No.63 of 2004 as 'thondu') was formed for protection of pineapple cultivation in his land from cattle trespass. Trial court found that plaintiff in O.S.No.63 of 2004 failed to establish his claim of right of easement by way of prescription and dismissed O.S. No.63 of 2004. O.S. No.36 of 2004 was decreed and prohibitory injunction was granted. Plaintiff in O.S. No.63 of 2004 who is also additional defendant No.3 in O.S.No.36 of 200