JUDGMENT

The Original Petition has been filed challenging the judgment dated 10.11.2025 in CMA No.10 of 2025 of the District Court, Pathanamthitta. The appeal was filed against the order dated 17.01.2025 in I.A. No.1 of 2024 in O.S. No.305 of 2024 of the Munsiff Court, Pathanamthitta. The petitioner is the 1^st defendant. The suit is for declaration of title, recovery of possession and fixation of boundary filed by the respondent.

2. According to the respondent, the plaint schedule items 1 to 3 belonged to one Vasudevan, the husband of the 2^nd defendant and the father of the plainti and defendants 1 and 3. Vasudevan died intestate leaving behind the plaintiff and the defendants as legal heirs. A partition deed had been executed between the plaintiff and the defendants in 2009 and according to the plaintiff, the property set apart to the share of the plaintiff is plaint schedule item No.1, which has clear visible boundaries at the north, south and west and a construction was begun by the defendant.

3. According to the plaintiff, the construction of the residential building in plaint item No.3 is by trespassing into item No.1 property. The plaintiff had sought for an ad-interim injunct