ANEESH Vs. ANEENA

JUDGEMENT

(1.) This original petition filed under Article 227 of the Constitution of India, is directed against Ext.P5 order in C.M.A.No.6/2018 dated 28.2.2020 on the file of the Sub Judge, Attingal. The said Civil Miscellaneous Appeal arose out of order in I.A.No.1922/2016 in O.S.No.472/2016 on the file of the Munsiff Court, Attingal. The appellants in the above CMA are the defendants in the above suit and the respondents in I.A.No.1922/2016.

(2.) I would like to refer the parties in this appeal as 'plaintiff' and 'defendents' for easy discussion and convenience.

(3.) O.S.472/2016 was filed by the plaintiffs seeking declaration of easement by grant in respect of plaint D schedule pathway for the beneficial enjoyment of Plaint A schedule property owned by the plaintiff. Along with this suit, I.A.No.1922/2016 also was filed seeking temporary injunction restraining the defendants from causing further obstruction to D Schedule pathway and also from causing any inconvenience to the peaceful enjoyment of the D Schedule pathway, till the disposal of the suit.