LINU VARGHESE Vs. GEORGE JACOB,

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dtd. 29/9/2023 in A.S.No.13 of 2022 on the files of the Sub Court, Chengannur, which is filed against the judgment and decree dtd. 4/8/2022 in O.S.No.198 of 2020 of the Munsiff's Court, Chengannur. Appellants herein were the defendants in the said suit and the respondent was the plaintiff therein.

(2.) Two suits, viz., O.S.No.198 of 2020 and O.S.No.199 of 2020, filed by relatives against each other were considered by the Munsiff Court, Chengannur. The dispute inter alia concerned the width of a pathway. A counterclaim too had been raised in OS No. 198 of 2020. The learned Munsiff dismissed both suits as well as the counterclaim vide common judgment dtd. 4/8/2022. An appeal, A.S.No.13 of 2022 was filed before the Sub Court, Chengannur challenging the judgment and decree in O.S.No.198 of 2020. No appeal was filed challenging the judgment and decree in O.S.No.199 of 2020 or from the dismissal of the counterclaim in O.S.No.198 of 2020. The Sub Court, Chengannur, disposed of A.S.No.13 of 2022 remanding the case back to trial court granting opportunity to both sides to adduce fresh evidence. The said judgment in A.S.No.13 of 2022 is challenged in this appeal.

(3.) O.S.No.198 of 2020 was initially filed for injunction simplicitor. It sought to restrain defendants from reducing the width of item No. 3 pathway and from causing any manner of obstruction to vehicular traffic to the plaint schedule item No.1 property through the plaint schedule Item No.3 pathway. Later it was amended and a comprehensive relief of declaration of easement by grant over plaint schedule item No.3 pathway, to recover item No.4 after removing all obstruction and also to restore plaint schedule item No.3 into its original position from the date of the suit and mandatory injunction were incorporated.