K M MUDDAPPA Vs. NELLAMAKKADA U AIYAPPA

JUDGEMENT

(1.) These Writ Petitions are arising out of the order passed by the trial Court in Original Suit No.56 of 2020, on the file of the Principal Civil Judge, Virajpete.

(2.) Writ Petition No.8607 of 2022 is filed by the plaintiff in Original Suit No.56 of 2020, seeking direction to the trial Court in Execution Petition No.1 of 2022 to issue warrant to enforce the order passed by the trial Court, on IA.I in Original Suit No.56 of 2021. Writ Petition No.8620 of 2022 is filed by the defendant in Original Suit No.56 of 2021, wherein the defendant has challenged the order dtd. 8/2/2022 in Original Suit No.56 of 2021 before the Senior civil Judge and JMFC, Virajpete in MA No.1 of 2022 and seeking direction to the First Appellate Court to dispose of the MA No.1 of 2022 in a time bound manner.

(3.) Factual matrix of the case are that the plaintiff has filed a suit against defendants seeking relief of declaration, with consequential relief of easementary right to use the suit schedule property. Defendants entered appearance and filed written statement. Plaintiff has filed IA.I under Order XXXIX Rule 1 and 2 of Code of Civil Procedure seeking ad-interim temporary mandatory injunction directing the defendants to remove the iron gate with poles put across the suit schedule road and all other obstructions by the defendants in the 'C' schedule Road and the said application was contested by the defendants. The trial Court, after considering the material on record, by order dtd. 8/2/2022, allowed the application in IA.1 filed by the plaintiff and as such, directed the defendants to remove the obstruction made to the 'C' schedule road, by erecting iron gate and concrete poles at the 'C' schedule road within fifteen days from the order of the Court. Feeling aggrieved by the same, the defendants have filed MA. No.1 of 2022 on the file of the First Appellate Court, and in the said proceedings, the First Appellate Court has not stayed the order dtd. 8/2/2022 in Original Suit No.56 of 2021. On the other hand, the plaintiff has filed Execution Petition No.1 of 2022 before the trial Court and sought to enforce the order dtd. 8/2/2022 passed by the trial Court on IA.I. being not considered the enforcement of the order dtd. 8/2/2022, the plaintiff has preferred Writ Petition No.8607 of 2022 and defendant has preferred Writ Petition No.8620 of 2022 seeking direction to the First Appellate Court to dispose of the MA.No.1 of 2022 expeditiously.