JOHN V. AUGUSTINE Vs. M.R.RENJAN

JUDGEMENT

(1.) Plaintiff in O.S.No.21/2010 before the Court of Munsiff, Pala, a suit for injunction simplicitor, is the appellant. He challenges the lower appellate court's judgment and decree, whereby the decree in the suit was set aside and the matter was remanded to the trial court for jointly trying with another suit pending before it.

(2.) For clarity of expression, the parties are hereinafter referred to as the "plaintiff" and "defendants". The suit was decreed by the trial court, granting a permanent prohibitory injunction decree, restraining the defendants from trespassing into the plaint item Nos.1 and 2 properties and from using any portion of the said properties as a pathway.

(3.) In the appeal, the lower appellate court found that O.S.No.18 of 2010 pending before the trial court should have been tried with this case. It further found that the defendants suffered prejudice on account of the fact that the suits were not tried together.