VINCENT DSOUZA Vs. VIKRAM K.

JUDGEMENT

(1.) The plaintiff in O.S.No.7/2014 pending before the Court of Civil Judge & JMFC, Moodabidiri, has filed the instant writ petition challenging the order dtd. 21/12/2018 passed by the III Additional Senior Civil Judge, Mangaluru, D.K., (Itinerary) in M.A.No.60/2017 vide Annexure-A.

(2.) Heard the learned counsel appearing for the petitioner, learned counsel for the respondent and also perused the material available on record.

(3.) The facts leading to filing of this writ petition are, that the plaintiff had filed O.S.No.7/2014 before the Civil Judge & JMFC, Moodabidri (hereinafter referred to as 'Trial Court') with a prayer for granting a decree of mandatory injunction directing the defendant to remove blockade/obstruction caused over the RRR approach shown in yellow colour in the sketch produced at document No.10, which leads from Hosmaar Padav to Poopadikal main road. In the said suit, he had filed I.A.No.III under Order 39 Rules 1 & 2 r/w Sec. 151 of CPC, seeking for an order of temporary injunction directing the defendant to remove blockade/obstruction caused over the RRR approach shown in yellow colour in the sketch along with plaint.