JUDGMENT

Dated this the 01st day of September, 2021 The petitioner is the plaintiff in O.S.No.478 of 2012 of the Additional Munsiff’s Court, Kollam. The respondents are the defendants in the suit. The prayer in the suit is for declaration of the petitioner’s right of easement by prescription over Plant F way/property for the beneficial use and enjoyment of A schedule property. The other prayer is for a decree of permanent prohibitory injunction order. The brief facts, as narrated in the plaint, are as under;

The plaintiff is the absolute owner in possession and enjoyment of 10 cents of land (plaint A schedule). A nearby extent of another 10 cents of land was sold by the plaintiff’s father to one Indira. At the time of sale, there existed an interior road having width of 8 ft. existed on the western side of Indira's property, which was the access to plaint A schedule from the public road on the south. In an earlier suit between the petitioner’ predecessor-in-interest and Indira, a settlement was arrived at whereby the width of the way was increased 3.35 metres (B Schedule). Thereafter, Indira constructed a boundary wall separating her land (B Schedule) from the pathway. Right from 19