KARUNAKARAN Vs. SADASIVAN

JUDGEMENT

(1.) Challenging the concurrent findings entered by the Additional Munsiff's Court, Ernakulam in O. S. No. 735 of 2009, followed by those of the Subordinate Judge's Court, Ernakulam in A. S. No. 87 of 2011, the defendant in O. S. No. 735 of 2009 has come up with this second appeal.

(2.) The suit is one for a decree of perpetual injunction, restraining the defendant, his men and agents from trespassing into plaint A schedule property, and from interfering with the plaintiffs' peaceable possession and enjoyment of plaint A schedule property, apart from enjoying the right of way of the defendant also, over plaint A schedule property.

(3.) The 1st plaintiff and defendant are direct brothers. The plaint A schedule property is having an extent of 0.750 cents in Sy. No. 31/11A of the Manakkunnam Village, which is having a length of 16 metres and a width of 2 metres from the northern most portion of the 6 cents of property, which remained with the legal heirs of late Ayyappan.