J U D G M E N T

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The plaintiff in O.S.No.157/1994 on the file of the Principal Munsiff Court, Kasaragod is the appellant herein. The suit was one filed by the plaintiff/ appellant herein for permanent prohibitory injunction restraining the sole defendant, his men and his agents from trespassing into any portion of the plaint A schedule property or forming a new road or widening the existing road or otherwise interfere with the plaintiff's peaceful possession and enjoyment thereof. During the pendency of the suit, the original defendant died and additional defendants 2 to 7 were impleaded as his legal heirs as per order in I.A. No.1813/1994. Thereafter, additional 8th defendant was also impleaded as one of the sons of the original deceased defendant as per order in I.A. No.488/1995.

2. The original defendant entered appearance and filed written statement denying the allegations and also contended that the plaintiff had no cause of action to file this suit and he had constructed the road in the land covered by exchange deed dated 02.11.1992 and he had got the right to widen the same as well. Plaintiff had no cause of action to file the suit against the defendants and p