B SUNIL Vs. M K BASHEER

JUDGEMENT

(1.) These Appeals being connected, they are disposed of by this common Judgment.

(2.) OS. No.563/2010 was filed by the appellant in all these Appeals. The appellant is none other than the son of the respondent. Parties are Mohammedans. According to the appellant, two items of properties were gifted by way of Settlement Deeds executed by the respondent in his favour. The first item of the property scheduled is A schedule in the plaint. The second item of property is scheduled as B schedule. According to the appellant, the respondent has illegally cancelled the Settlement Deed in respect of B schedule property. He also apprehended cancellation of the Settlement Deed in respect of A schedule. It is accordingly that he filed the Suit challenging the cancellation of the Settlement Deed in respect of B Schedule property and seeking injunction against cancellation of the Settlement Deed in respect of A schedule property. In the Suit, the appellant moved IA. No.2646/2010 and IA.No.3178/2010, while the respondent filed IA.No.3084/2010. IA.No.2646/2010 was filed by the appellant seeking to restrain the respondent from creating any document or encumbering the plaint schedule properties. IA. No.3178/2010 was filed for injunction restraining the respondent from trespassing into B schedule property. The respondent filed IA.No.3084/2010 for an injunction restraining the appellant from trespassing into plaint B schedule property. All these three Applications were heard together and a common order was passed dismissing IA. No.2646/10 and IA. No.3178/10 while IA. No.3084/10 was allowed, and these Appeals are filed challenging the common order.

(3.) We heard the learned counsel for the appellant and the respondent.