IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 RSA.No. 617 of 2007() --------------------- AS.3/2004 of SUB COURT, KASARAGOD OS.37/2001 of ADDL.MUNSIFF, KASARAGOD .................... APPELLANT/APPELLANT/DEFENDANT --------------------------------------------------------------- M.MADHUSUDHANA KEDILAYA, S/O KRISHNA KEDILAYA, RETIRED TEACHER, AGRICULTURALIST, RESIDING AT MITHOOR HOUSE, P.O.KUNTAR, ADHUR VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.K.SHRIHARI RAO RESPONDENT(S): RESPONDENTS/PLAINTIFFS ------------------------------------------------------------------------- 1. VISHNU KEDILAYA, S/O KRISHNA KEDILAYA, RESIDING AT MITHOOR HOUSE, ADHUR VILLAGE, POST KUNTAR, KASARAGOD TALUK AND DISTRICT. 2. SMT.SATHYABHAMA, S/O RAMAKRISHNA KEDILAYA,RESIDING AT MITHOOR HOUSE, ADHUR VILLAGE, POST KUNTAR, KASARAGOD TALUK AND DISTRICT. 3. SMT. MALLIKA, D/O RAMAKRISHNA KEDILAYA, RESIDING AT NO.355, 11TH CROSS, G.BLOCK, RAMAKRISHNA NAGAR, MYSORE, KARNATAKA STATE. 4. MANJULA, D/O RAMAKRISHNA KEDILAYA, W/O LUXMINARAYANA BHAT, NEAR KRISHNAPURA MUTT, SURATKKAL, D.K.DISTRICT, KARNATAKA STATE. 2 5. MAMATHA, D/O RAMAKRISHNA KEDILAYA, W/O KRISHNARAJA MURUDITHAYA, RESIDING AT MITHOOR HOUSE, ADHUR VILLAGE, POST KUNTAR, (VIA) MULLERIA, KASARAGOD DISTRICT. 6. RASHMI, W/O KSHITHEESHA, PONNATHADKA HOUSE, P.O.NULLARIKATTE, PUNACHA VILLAGE, BANTWAL TALUK. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2009, ALONG WITH RSA NO. 733 OF 2007 RSA NO. 842 OF 2007 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = R.S.A.Nos.617,733 & 842 of 2007 = = = = = = = = = = = = = = Dated this the 6 th day of January 2009 JUDGMENT The common appellant in these appeals is the plaintiff in O.S.No.368/2000 and the defendant in O.S.Nos.459/2000 and 337/2001 on the file of the Additional Munsiff's Court, Kasaragod. All the above suits were for perpetual injunction against trespass. O.S.No.368 of 2000 has been partly decreed granting a mandatory injunction directing the defendants 1,3 and 4 to fill up the seven pits formed on the disputed pathway or to restore the same to its original condition and the defendants therein are restrained by a permanent prohibitory injunction from obstructing the user of the said pathway and the user of a road referred to in the decree. O.S.No.459/2000 and 27/2001 are decreed subject to the right of the appellant over the user of a public road. The suit properties are portions of the properties allotted to the sharers in the final decree proceedings in I.A.No.764 of 1986 in O.S.No.54/1983 which was a suit for parition on the file of the Sub Judge, Kasaragod. With regard to R.S.A.Nos.617/07, 733/07 & 842/07 2 the rights over the road as well as the pathway and other rights emanating from the final decree proceedings in I.A.No.764/1986 referred to above, it is admitted that the matter is pending in appeal before this court as A.S.No.795/1996 and a cross objection is also stated to have been filed therein. Hence, these second appeals are dismissed leaving the parties to agitate their respective rights in the aforesaid first appeal pending before this Court. Dated this the 6 th day of January, 2009. V. RAMKUMAR, JUDGE sj