JUDGMENT

The plaintiff in O.S.No.265/2012 on the files of the Principal Munsiff's Court, Kasaragod, is the appellant and he assails the judgment of the First Appellate Court, namely III Additional District Court, Kasaragod, in A.S.No.43/2015-which had been filed by the defendants/respondents challenging the decree passed by the Trial Court in the said suit. 2. According to the appellant, the original suit had been filed for a permanent prohibitory injunction restraining the respondents from obstructing their rights of user over plaint C schedule property which, they say, is a road created by him and his brother Sri.Narayana Bhat, consequent to the allotment of properties in their favour as per an earlier partition deed, namely Ext.A1. The specific allegation of the appellant is that plaint C schedule pathway was created by carving out from his and his brother's properties, namely, A schedule in Ext.A1 partition deed in his favour and B schedule in the said partition deed in favour of his brother Sri. Narayana Bhat; and that this was done so as to widen an existing pathway leading to their properties from their 'tharavadu'

house.

3. The appellant says that the afore facts were cogentl