VASU NADUKKANDY Vs. ABDURAHIMANKUTTY. E.V.P.

JUDGEMENT

(1.) The original petition is filed to set aside the common order in I.A. No.14/2013, I.A. No.445/2013 and I.A. No.446/2013 in O.S. No.4/2013 (Ext.P7(c)) of the Court of the Principal Munsiff - II, Kozhikode (Trial Court) and the common judgment in C.M.A. Nos.30/2013, 38/2013 and 39/2013 (Ext.P8) of the Court of the District Judge, Kozhikode (Appellate Court).

(2.) The skeletal facts relevant for the determination of the original petition are: the petitioner had filed the suit against the respondents seeking a decree of injunction. Along with the suit the petitioner had filed I.A. No.14/2013 for an order of temporary injunction. The first respondent had filed a written statement with a counter claim and also I.A. No.445/2013 for an order of interlocutory mandatory injunction. The respondents 3 and 4 also filed a written statement with a counter claimand I.A. No.446/2013 for an order of interlocutory mandatory injunction.

(3.) The Trial Court, after considering the applications, by the impugned Ext.P7(c) common order, dismissed the application filed by the petitioner and allowed the applications filed by the respondents, directing the petitioner to remove the obstructions in the pathway in the plaint schedule property and also restrained the petitioner from obstructing the respondents from using the path way. The petitioner challenged Ext.P7(c) common order by filing C.M.A. Nos.30, 38 and 39/2013 before the Appellate Court. The Appellate Court, by Ext.P8 common judgment, confirmed Ext.P7(c) common order. Aggrieved by Exts.P7(c) and P8, the petitioner is before this Court.