JUDGMENT

The 2nd defendant in O.S. No.347 of 2010 on the files of the Munsiff Court, Chavakkad, a suit for mandatory injunction, has come up in the present appeal, aggrieved by the concurrent findings rendered by the courts below.

2. The brief facts necessary for the disposal of the appeal are as follows:

The plaintiffs are the wife and children of late Dharmajayapalan, who was allotted certain property under a family partition. As per the partition, the Plaint A schedule property was allotted to late Dharmajayapalan, and plaint B schedule property was allotted to his brother, Anandan. Sri. Dharmajayapalan was allotted 34 cents on the western portion and his brother Sri. Anandan was allotted 16 4/3 cents on the eastern side. The ingress and egress to the plaint A and B schedule properties were through a pathway starting from the eastern Panchayath road towards the west. After the partition, the access to plaint A schedule property has been through the northern portion of the plaint B sche