Against the divergent findings rendered

by the III Additional District Court, Kollam in

A.S.No.28/2001 by granting a decree of permanent

prohibitory injunction, the legal heirs of the

deceased 1^st and 2^nd defendants, the defendant

Nos. 3 to 5, came up with this appeal.

2.

The following questions came up for

consideration :

i)

Whether it is permissible to grant a

permanent prohibitory injunction over a

registered holding in favour of the plaintiff,

when the Commissioner who was deputed reported

existence of a way through the said property?

ii)

Whether the First Appellate Court

failed to consider the question of easement of

prescriptive right claimed by the defendants

over the way in dispute?

3.

The dispute is pertaining to a way over

which the defendants claim prescriptive right of

easement. A commission was let out who in turn

submitted Ext.C1 to C3 and reported existence of

a way through the plaint schedule. One witness

examined by the defendants, DW2 deposed with

respect to existence of the said way for the last

150 years. He is aged more than 65 at that time.

Further, the way starts from a northern road and

passes through the side of the property of one

Karunakaran Pillai,