JUDGMENT

This appeal arises from the concurrent finding of the Munsiff Court, Kottarakkara in O.S. No.254 of 2011, and affirmed by the Sub Court, Kottarakkara in A.S. No.64 of

2017.

2. The appellant is the 1^st defendant and a counter claim plaintiff in a suit for injunction and fixation of boundary. The 1^st respondent/plainti for injunction seeking to restrain the appellant/1^st defendant from trespassing into the plaint schedule property. Since there was a dispute as regards the boundary of the plaintiff and the 1st defendant, the 1st defendant, in her written statement raised a counter claim for fixation of boundary. Based on the pleadings, the trial court framed the following issues for consideration :-

“1. Is the plaintiff entitled to get a decree of permanent prohibitory injunction as prayed ?

2. Is the counter claim plaintiff/defendant is entitled to get a decree of declaration declaring the title and possession of counter claim plaintiff over the counter claim A schedule property ?

3. Is the counter claim plaintiff entitled to get a decree of fixation of boundary between counter claim A and B schedule properties and allowing the counter claim plaintiff to put u