JUDGMENT

Challenge in this Original Petition, filed under Article 227 of the Constitution of India, is to the order dated 05.03.2022 in I.A.No.3/2022 in A.S.No.10/2022 passed by the Additional District Court – IV, Kottayam.

2. Petitioners are respondents 2 and 3 in the appeal. The appellants are respondents 1 to 4. Respondent No.1 in the appeal is respondent No.5 in the original petition.

3. Petitioner No.2 instituted O.S.No.218/2004 before the Munsiff’s Court, Ettumanoor against respondents 2 to 4 for a permanent prohibitory injunction regarding the plaint ‘B’ schedule property which is described as a way.

4. Respondents 1 to 4 instituted O.S.No.90/2015 against the petitioners and respondent No.5 for declaration and permanent prohibitory injunction regarding the subject matter in O.S.No.218/2004.

5. The Trial Court jointly tried both the suits and decreed O.S.No.218/2014 in favour of petitioner No.2 declaring that ‘B’ schedule pathway is a public road. The Court also granted a consequential injunction. The Trial Court dismissed O.S.No.90/2015.

6. There were steps on different levels on the plaint ‘B’ chedule way. After the decree, the lie and nature of ‘B’ schedule way was partially cha