J U D G M E N T

Dated this the 25th Day of November, 2021 The petitioners are the defendants/counter claimants in O.S.No.209 of 2010 on the files of the Munsiff’s Court, Attingal. The suit is with respect to the strip of land described as ‘B’ schedule in the plaint and lying in between the properties of the plaintiffs and the defendants. The plaintiffs claim exclusive right over ‘B’ schedule contending that B schedule way forms part of their property and no one else has the right to use ‘B’ schedule. The defendants filed written statement, contending that ‘B’ schedule is part of a common way formed by surrender of land by the plaintiffs and neighbouring property owners.

2. After filing of written statement, the plaint was amended. Thereupon, defendants filed additional written statement and raised a counter claim. The relief sought in the counter claim is to declare ‘B’ schedule, (A schedule in the counter claim) to be a public way and to injunct the plaintiffs from obstructing the free movement of the defendants through the way. They raised objection against the counter claim and sought to exclude the counter claim from the additional written statement. By Ext.P4 order, trial court