POULOSE @ CHUMMARUKUTTY Vs. OUSEPH @ JOSEPH

JUDGEMENT

(1.) DEFENDANT in O.S. No. 868 of 2012 of the Additional Sub Court, Irinjalakuda and respondent in CMA No. 18 of 2013 of Ist Additional District Court, Thrissur is aggrieved by Ext.P7, order of stay granted by the learned Additional District Judge, Thrissur on 25.02.2013 on I.A. No. 633 of 2013.

(2.) DISPUTE concerns right and user of a well situated on the boundary of properties of the parties. Respondent/plaintiff filed I.A. No. 4792 of 2012 for an order of temporary injunction against trespass and commission of waste. Petitioner/defendant filed I.A. No. 5198 of 2012 for an order of injunction against respondent interfering with his drawing water from the said well. Trial court after hearing both sides dismissed I.A. No. 4792 of 2012 and allowed I.A No. 5198 of 2012. Respondent has filed C.M. Appeals challenging the common order on the said application. CMA No. 18 of 2013 is directed against the order on I.A. No. 5198 of 2012. Learned Additional District Judge has granted stay of operation of order on I.A No. 5198 of 2012 by Ext.P7.

(3.) LEARNED counsel for respondent contends that it is after hearing both sides that learned Additional District Judge has granted stay of order on I.A No. 5198 of 2012. It is pointed out that the C.M. Appeals are coming-up for hearing on 25.03.2013.