DEVALAL Vs. MOHANAN

JUDGEMENT

(1.) Original Petition filed under Article 227 of the Constitution of India, against the order dated 07.02.2014 in I.A.No.4669/2013 in A.S.No.305/2013 on the file of Additional District Court, Thrissur. The said application was filed for the grant of stay of decree and judgment in O.S.No.348/2010. Admittedly, the above said suit was tried jointly along with the suit in O.S.No.250/2011 of the same court which was earlier instituted before the Munsiff Court, Kodungallur in O.S.No.500/2010, subsequently, it was transferred to the Sub Court, Irinjalakuda, to have a join trial along with the suit in O.S.No.348/2010. The parties in both the suit are one and the same. The subject matter is also one and the same. The main dispute involved in both the suits is with respect to a strip of land over which the plaintiff in O.S.No.250/2011 claims easement by way of prescription. The said suit was filed for a declaration of easementry right of prescription of way over the said property which is admittedly belong to the defendant, who is the plaintiff in O.S.No.348/2010.

(2.) That suit was instituted for the grant of permanent prohibitory injunction based on title and possession. The suit in O.S.No.250/2011 was dismissed by the lower court and the other suit in O.S.No.348/2010 decreed by a common decree and judgment. Against which, two appeals were preferred before the First Appellate Court as A.S.No.304/2013 against the decree and judgment in O.S.No.250/2011 and A.S.No.305/2013 against the decree and judgment in the connected case namely, O.S.No.348/2010. In the leading case, ie., in A.S.No.304/2013, an interlocutory application was filed in I.A.No.4666/2013, for the grant of injunction with respect to the disputed pathway.