Right to way

An extent of 1 Acre, and 14 cents of property was originally belonged to the first plaintiff which she had obtained by virtue of Senjensent Deed No 2050/1971 and Sale deed No. 4121/1979 of SRO, Kazhakuttom. The said 1 Acre 34 cents of property was landlocked on all sides and there was no means of access to the public road lying on the eastern side in the north-south direction known as Pullamkari Road. Therefore the first plaintiff along with one Sundaresary entered into a mutual exchange deed as deed No. 384/1982 of Kazhakuttom, SRO whereby one cent and 640 sq links of property belonged to the first plaintiff was got exchanged with the same extent of property belonged to Sundaresan. Thus by virtue of execution of Mutual Exchange Deed No. 384/1982, the property having an extent of 1 Acre and 34 cents got road access and thereby the first plaintiff was in the absolute possession and enjoyment of the properties. Thereafter on 10/08/1987 the first plaintiff executed a settlement deed in respect of a major portion of her property in favour of her children, who are the plaintiffs two to four in the suit as Settlement Deed No 2023/1987 of Kazhakuttom. SRO. The property retained by the first plaintiff after the execution of the settlement deed No. 2023 of 1987 is scheduled as plaint A schedule and the properties which the plaintiffs two to four acquired by virtue of the aforesaid settlement deed has been schedule as B, C and D schedules in the plaint After the execution of the aforesaid settlement deed, the plaintiffs are in absolute possession and enjoyment of their respective schedules of properties by effecting mutation and paying tax in their respective names. The property which the first plaintiff had obtained by virtue of the mutual exchange deed No. 384/1982 has been used by the plaintiffs as their means of access to their respective properties and the said 1 cent and 640 sq.links of property has been described as the plaint E schedule The first plaintiff is paying land tax to the said E schedule property also. Except plaint E schedule, the plaintiffs have no other means of access to their properties and hence any obstruction or hindrance to the same would cause immense damage. hardship and injury to the plaintiffs. On the northern side of the plaint E schedule property. there situates the first defendant temple. Sree Pullattukari Bhagavathy Kshethram. The defendants 2 and 3 are the present president and secretary respectively who are in charge and responsibilities for the affairs of the firstdefendant temple. Now the defendants 2 and 3 have evolved a scheme for construction of the compound wall of the first defendant temple and has started the work without obtaining necessary sanction or permit from the local authorities. The intention of the defendants 2 and 3 is to construct the compound wall trespassing into the plaint E schedule property so as to appropriate the same into their possession and also to enclose the same.