JUDGMENT

The defeated plaintiff in a suit for injunction is the appellant in the present appeal has come up aggrieved by the concurrent findings rendered by the Principal Munsiff Court - I, Kozhikode in O.S. No. 312 of 2019 affirmed in A.S. No. 123 of 2023 by the District Court, Kozhikode.

2. Plaint ‘A’ schedule property was purchased by the plaintiff by Ext. A1 document in the year 2018. Plaint ‘B’ schedule consists of two items: item no. 1 in favour of the defendant and item no. 2 in favour of the predecessor of the defendant. ‘C’ schedule is the disputed item in the present appeal which consists of a 6 feet pathway having an extent of 0.80 cents. The property originally belonged to Thirumalakutty as per a Kanam Assignment Deed No. 1895/1931. After her death, the legal heirs partitioned the aforesaid property by a Partition Deed No. 2792/1981 dated 21.10.1981. Plaint ‘A’ schedule was set apart to the share of one Velayudhan. The said Velayudhan by Sale Deed No. 832/1988 sold the property to one Saleena Jose. She in turn, by a Sale Deed of the year 1996, sold an extent of 5.89 cents in favour of one Beena Rani. By a Sale Deed No. 439/2007, Saleena Jose had sold 7.56 cents in favour