J U D G M E N T

The unsuccessful defendant is the appellant before this Court. The plaintiff filed a suit for permanent injunction restraining the defendant and her men and agent from parking any vehicle in the pathway provided for ingress and egress of the house property.

2. The plaintiff sold a piece of land to the defendant. The defendant has constructed a house in the land. The entire construction in 810 sq.ft of land without leaving any space for parking as well as pathway and used the common passage for parking causing lot of inconvenience and therefore, he filed a suit for permanent injunction.

3. In the written statement, it is stated that the defendant and her family members own five two wheelers and were parking it without causing any inconvenience to any person during night. The plaintiff has acquiesced to the parking of vehicles for a long time and she cannot take an objection at this distance of time. Since it is a common pathway, it can be used by everybody without causing hindrance to any one. On this score, she sought for dismissal of the suit.

4. The trial Court framed appropriate issues and relying on the evidence of D.W.2, son of the defendant in cross examination th