JUDGMENT

This R.S.A has been directed against the judgment and decree in A.S.No.63 of 2017 on the file of Additional District Court-III, Mavelikkara which arise out of the judgment dated 31.03.2017 in O.S.No.115/2014 on the file of Munsiff's Court, Mavelikkara. Suit is one for declaration and for permanent prohibitory injunction. (Parties will hereafter be referred as per their status before the trial court)

2. Plaint A schedule property belongs to the plaintiff who obtained the same as per Ext.A2 sale deed and Ext.A3 settlement deed. Plaintiff's husband and his brother obtained title over the plaint A schedule property as per Ext.A1 partition deed described as item Nos.2 and 3. Plaint B schedule property belongs to the defendants which lies immediately on the north of plaint A schedule property. Plaint C schedule is a pathway having width of 2 meters and length of 17 meters which starts from the southern side of plaint B schedule property and reaches upto Budha Junction-Railway Station, Public Road. Plaintiff has been using C schedule pathway from 03.03.1987 onwards openly peacefully without any interruption as of right as an easement. There is no access to plaint A schedule proper