PRIYESH B KARTHA Vs. SAROJINI AMMA

JUDGEMENT

(1.) The additional third defendant in the original suit is the petitioner. In the suit filed by the respondents for declaration of easement of way by prescription over plaint 'C' schedule property and for permanent prohibitory injunction, an application for temporary injunction was filed on which, an ex parte ad interim order of injunction was passed.

(2.) Later, respondents 1 to 3 filed another petition in that suit as I.A. No. 2154 of 2012 against the petitioner and respondents 4 and 5 for restoration of 'C' schedule property to its earlier position, on the allegation that the pathway was obstructed in contravention of the ad interim order of injunction. The provision quoted in the said application was Section 151 of the Code of Civil Procedure.

(3.) The petitioner also filed a suit for permanent prohibitory injunction against respondents 1 to 3 wherein, he sought for a temporary injunction under Order XXXIX, Rule 1 CPC restraining the respondents from cutting open a pathway through his property.