J U D G M E N T

This Second Appeal has been filed by the 1st defendant in

O.S.No.258/2016 on the files of the Munsiff Court, Kochi, challenging the decree and judgment in the above Suit dated 16.03.2020, confirmed by the Sub Court, Kochi in A.S.No.38/2020 vide decree and judgment dated 30.01.2023, under Order XLII

Rule 1 read with Section 100 of the Code of Civil Procedure .

2. Heard the learned counsel for the appellant/1st defendant on admission.

3. Perused the lower court records.

4. I shall refer the parties in this appeal with reference to their status before the trial court, as `plaintiff’ and `defendant’

hereafter for easy reference.

5. In this matter, the 1st defendant is the appellant herein.

The plaintiff is the 1st respondent and 2nd defendant is the 2nd respondent herein.

6. The plaintiff instituted the suit asserting right of easement by prescription over plaint B schedule pathway having a length of 66 links and width of 6 links, which is on the eastern side of the plaint schedule property having access to the plaint A schedule property, originally purchased by the plaintiff as per sale deed No.1778/1995 of S.R.O, Kochi which do form part of partition deed No.2648/1986 of S.R.