P T THOMAS Vs. MILAN RAJ POTHANIKATT

JUDGEMENT

(1.) THE petitioner is the defendant in O.S.No.446 of 2009 on the file of the court of the Munsiff of Muvattupuzha. THE suit is for declaration and injunction. THE plaintiff claimed an easement by grant in respect of the plaint 'C' schedule property. THE plaint B schedule property is a pathway. In the Commissioner's plan, B schedule property is shown as plots 1, 2 and 3. Plot 2 is the plaint 'C' schedule property.

(2.) THE plaintiff filed an application for temporary injunction. It is stated that the court below granted an interim injunction and it is still in force.

(3.) THE court below, by the order dated 7th June 2011, allowed the prayer in I.A.No.817 of 2010 and permitted the plaintiff to do the minimum maintenance of the plaint B schedule road for the purpose of taking vehicles to the A schedule property. THE court below also directed that the work shall be done in the presence of the Commissioner. THE defendant challenges that order in this Original Petition.