K.K.SASI Vs. SECRETARY

JUDGEMENT

(1.) This Original Petition is filed, under Article 227 of the Constitution of India, inter alia, to quash Exhibits P-7 order and P-8 judgment passed by the Court of the first instance and the appellate court, respectively.

(2.) The case of the petitioner, in brief, in the original petition is that, he was the plaintiff in O.S.No.13 of 2009 of the Court of Munsiff, Pala, which was filed seeking a decree for permanent prohibitory injunction restraining the respondents from causing any obstruction to the usage of plaint item No.2 property. According to him, on the western side of item No.2 property, there was a culvert which was demolished due to an accident. The respondents are attempting to obstruct the usage of plaint item No.2 property, by constructing a culvert in front of it. Along with the suit, the petitioner had filed Exhibit P-2 application, seeking an order of temporary prohibitory injunction to restrain the respondents from causing any obstruction on the southern side of plaint item No.2 property.

(3.) The respondents filed a written statement, inter alia, contending that by virtue of Section 41(ha) of Specific Relief Act, 1963, ('the Act' for short) no relief could be granted to the petitioner and that the respondents were re-tarring the municipal road in front of plaint item No.2 property. If the re-tarring is blocked, it would affect the respondents and the public.