JUDGMENT

The Regular Second Appeal has been directed against the judgment and decree passed in A.S.No.26/2009 on the file of Subordinate Judge's Court, Kochi, which arose out of the judgment and decree in O.S.No.405/2004 on the file of Additional Munsiff's Court, Kochi.

2. The appellant is the defeated plaintiff in both courts.

The suit is one for recovery of possession, permanent prohibitory injunction and mandatory injunction. Plaint 'A' schedule property was obtained by the plaintiff as per document No.2503/1983 of Kochi Sub Registry Office. The property is having an extent of 4 cents compromised in survey No.1197/1 of Palluruthy village. Defendant, whose property is situated on the western side of the plaint schedule property, trespassed into a portion of plaint 'A' schedule property in December, 2003 and forcefully constructed a compound wall using concrete slabs and pillars. Though property was measured at the instance of Tahsildar, Kochi, defendant was not agreeable to accept the measurement. Hence the plaintiff filed the suit for recovery of possession of plaint 'B' schedule property having an extent of 445 sq.links and for a mandatory injunction to demolish the compound wall