MOHANDAS Vs. SANKARAN

JUDGEMENT

(1.) EXHIBIT P7, order dated 08.10.2012 on I.A. No.11889 of 2012 in O.S. No.1044 of 2009 of the Third Additional Munsiff's Court, Thrissur is under challenge in this Original Petition at the instance of the defendant in the suit.

(2.) THE respondents filed O.S. No.1044 of 2009 for a decree for mandatory injunction to remove branches of the tress overhanging into the pathway referred to therein, remove certain other obstructions on the pathway and for recovery of damages for (allegedly) destroying the slab over the drain towards west of the pathway. According to the respondents, the slab was destroyed by the petitioner. The respondents filed I.A. No.11889 of 2012 seeking permission of the court to put up a slab over the drain on the western side of the pathway. That application was resisted by the petitioner on various grounds. The learned Additional Munsiff by per Ext.P7, order granted permission subject to the directions contained in that order. Exhibit P7, order is under challenge.

(3.) THE learned counsel for the respondents relied on paragraph 8 of the written statement filed by the petitioner in the present suit to contend that existence of the drain on the western side of the pathway and slab over it is not disputed by the petitioner, his contention being that the slab was damaged when the Panchayath carried out cleaning works in the drain. It is also argued by the learned counsel that having regard to the facts and circumstances the trial court was right in permitting the respondents to put up a slab over the drain.