SHEEJA DEVADAS Vs. MUHAMMED PARIYATH

JUDGEMENT

(1.) The parties in a Review Petition filed under Sec. 114(a) r/w OrderXLVII Rule 1 of the Code of Civil Procedure are before this Court. The respondent instituted O.S.No.593 of 2019 before the Principal Munsiff 's Court, Cherthala seeking declaration of his right of easement over the plaint schedule property. During the pendency of the suit the plaintiff filed Ext.P1 application under Order XXIII Rule 1 CPC seeking withdrawal of the suit. The trial Court allowed the application as per Ext.P2 order and the suit was dismissed as withdrawn.

(2.) The plaintiff, after a year, filed Ext.P3 application seeking review of the order dismissing the suit as withdrawn, along with Ext.P5 to condone the delay of 366 days in preferring the review petition. Ext.P7 application was filed by the plaintiff to enable him to adduce evidence along with the evidence in review petition. The plaintiff also filed Ext.P10 application seeking interim injunction to restrain the defendant from preventing the user of the way in question. Ext.P13, Commission application was also filed by the plaintiff.

(3.) The trial Court allowed Ext.P7 application and posted the application seeking condonation of delay for evidence, as per Ext.P9 order. In the application seeking interim injunction [Ext.P10], the trial Court directed the parties to maintain status quo in respect of the properties as per Ext.P12 order. The Court below also issued a Commission to conduct a local investigation in the property. These orders are under challenge in this Original Petition.