J U D G M E N T

This original petition is filed against the order dated 19.08.2022 in I.A.No.2628 of 2019 in O.S.No.286 of 2016 passed by the Munsiff Court, Manjeri rejecting the application of the petitioners filed under order XXVI Rule 10 of the Code of Civil Procedure (the CPC) to set aside Ext.P7 Commission report and Ext.P8 plan.

2. The petitioners are the plaintiffs in the suit for mandatory injunction. According to the petitioners, on the southern boundary of item No.1 of plaint A schedule is an 'edavazhi' which is used by them and their predecessors-in-interest for more than 40 years. Plaint B schedule way runs north-south and joins the said edavazhi. The petitioners contend that plaint B schedule is the only means of their ingress and egress to plaint A schedule property from a public way. The petitioners have right of easement of necessity over plaint B schedule way. Mandatory injunction is sought for to direct the respondents/defendants to remove the barbed wire fencing erected in plaint B schedule way. A permanent prohibitory injunction is also sought to restrain the defendants from obstructing plaint B schedule way or user of plaint B schedule way by the plaintiffs. Ex