JUDGMENT

Dated this the 12th day of January, 2022 Judgment in CMA 21/2015 dated 18.06.2021 on the file of the Sub Court, Nedumangad is under challenge in this Original Petition filed under Article 227 of the Constitution of India. Petitioners herein are the respondents/defendants in O.S.794/2014 pending the before the above court.

2. Heard both sides., 3. To be on the facts of this case, the plaintiff in the above suit filed a suit for an injunction claiming right of easement by prescription over C schedule pathway, part of B Schedule owned by the defendants. An interim injunction application was filed as I.A.No.3903/2014 seeking a temporary injunction restraining the defendants/respondents from obstructing the C schedule. Interim injunction without notice has been granted and a Commissioner was deputed and the Commissioner visited the property on the date of the suit itself and specifically reported the existence of plaint C schedule pathway, as evident from the Commission report produced as Ext.P6. In Ext.P6 Commission report, the Commissioner reported that C Schedule was in existence, having a width of 7 feet and length of 100 feet and no other way available to the plaintiff to h