LINU VARGHESE Vs. GEORGE JACOB

JUDGEMENT

(1.) These original petitions relate to an order of interim mandatory injunction in a suit for declaration of easement right of way and incidental reliefs. O.P.(C) No.3389/2018 is filed by the plaintiff seeking enforcement of the order and O.P. (C) No.1654/2019 is filed by the defendants challenging the order.

(2.) Along with the suit, the plaintiff filed IA 602/2012 for an interim prohibitory injunction not to obstruct plaint item no.3 way and from reducing its width. The learned Munsiff on 13.04.2012 granted an order of injunction. Subsequently, the plaintiff filed IA 783/2012 seeking interim mandatory injunction, alleging violation of injunction by the defendants by making constructions encroaching into item no.3 way. As per order dated 15.11.2018, the learned Munsiff allowed interim mandatory injunction. The said order was affirmed in CMA.

(3.) Heard learned counsel Sri.P.Haridas and Sri.Liju V. Stephen on either sides.