K.J.XAVIER Vs. K.A.AFSAL

JUDGEMENT

(1.) The defendants in O.S.No.73/2020, on the files of the Munsiff's Court, North Paravur, are the petitioners herein.

(2.) According to the petitioners, the suit had been filed by the respondent herein, seeking a declaration of right of way through the plaint C schedule property and for the fixation of its boundaries. They say that along with the suit, the respondent moved an application for interim injunction restraining them from trespassing into the plaint C schedule property, but that the Trial Court dismissed the same through an order dated 06.03.2020, a copy of which has been placed on record as Ext.P3; and that they then consequently, constructed a wall to protect their property.

(3.) The petitioners say that, however, when the respondent assailed Exhibit P3 order of the Trial Court before the First Appellate Court, it has now issued Ext.P4 order not merely granting the injunction as sought for, but also directing that the construction made by them be demolished. They say that this order is improper and therefore, that they are constrained to assail it before this Court.