E R GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE petitions are both for police protection and are filed by the rival contestants.

(2.) W.P(c) No.30489 of 2009 , the earlier petition filed, is by the holder of kudikidappu who had obtained the property from the other contestant, namely, the 4th respondent. Parties are being referred to in this common judgment as they are ranked in W.P(c) No.30489 of 2009.

(3.) THE 4th respondent has already gone to the civil Court and O.S.No.713 of 2009 is now pending before the Munsiff Court, Ernakulam. In that suit, the 4th respondent had claimed an interim order of injunction restraining the petitioner from interfering with his possession over the property to the east of the petitioner's property.THE court had deputed a Commissioner. No interim orders have been passed. THEre is no dispute that the Commissioner had found a pathway on the east of the petitioner's property. That pathway, according to the 4th respondent, has been brought into existence after the filing of the suit and before the Commissioner inspected the property.