BABU THOMAS CHANDY Vs. STATE OF KERALA

JUDGEMENT

(1.) ORDER dated 31-12-12 on I.A.No.117 of 2012 in C.M.A.No.10 of 2012 of Additional District Court (Special), Kottayam is under challenge.

(2.) PETITIONER filed O.S.No.352 of 2000 in the Munsiff's Court, Vaikom for a decree for prohibitory injunction against drawl of pipe line etc. through his property raising various contentions. That suit was dismissed for default. For its restoration, petitioner filed I.A.No.343 of 2009. That application was dismissed by the learned Munsiff against which petitioner filed C.M.A.No.10 of 2012, according to him with a delay of about 700 days.

(3.) LEARNED Senior Advocate for petitioner contends that the delay is properly explained. It is also contended that the place where respondents are laying pipe line after constructing canal for that purpose is through the property surrendered by the petitioner. But now the attempt is to construct compound wall on either side of the canal which cuts property of petitioner into two, even preventing access from one side to the other.