J U D G M E N T

The plaintiff in a suit for prohibitory injunction against trespass, is the appellant. The suit, though decreed by the trial court, was dismissed in appeal. 2. The suit as it originally filed was one for recovery of possession of plaint 'A' schedule property, with a prayer for prohibitory injunction with regard to plaint 'B' schedule property. The reliefs claimed regarding 'A' schedule property was subsequently given up. The suit as it stands is only for a prohibitory injunction with regard to the plaint 'B' schedule property.

3. The plaintiff claims possession of the property under Ext.A1 partition deed. The property of the defendant is on the western side of the plaintiff's property. The suit is filed on the allegation of attempted trespass.

4. The defendants contended that the plaint schedule property is described as situated in Sy. No.33/1 and that the plaintiff does not have any right or possession over the said property. There was an earlier suit as OS 16/1985 filed by the plaintiff for the very same relief which was dismissed for default. It was contended that the attempt of the plaintiff is to grab a portion of the defendant's property.

5. The suit was originall