CLEETUS CLYSON Vs. ANNIE SAMUEL

JUDGEMENT

(1.) O.S.No.77 of 2008 and O.S.No.200 of 2008 of the Munsiff's Court, Kochi were jointly tried. O.S.No.77/2008 was filed by Annie Samuel and others against one Klyson and others as a suit for perpetual injunction restraining the defendants from reducing the width of plaint B schedule pathway etc. The said Klyson filed O.S.No.200/2008 against Annie Samuel and others for a decree of perpetual injunction restraining them from causing any obstructions to the construction of the eastern compound wall at the eastern boundary of the property of the plaintiff. Both the suits were decreed by the Munsiff's Court Kochi. At the same time, O.S.No.200/2008 was decreed thereby granting a decree of perpetual injunction by restraining the defendants from causing obstruction to the construction of the eastern compound wall to the property of the plaintiff, with a rider that for constructing the compound wall at the eastern boundary, the plaintiff has to leave plaint B schedule property in O.S.No.77 of 2008.

(2.) Aggrieved by the said judgments and decrees, the said Klyson filed A.S.No.47/2009 before the Subordinate Judge's Court, Kochi, challenging the judgment and decree in O.S.No.200/2008. The said Klyson and others filed A.S.No.45/2009 before the Subordinate Judge's Court, Kochi by challenging the judgment and decree in O.S.No.77/2008 also.

(3.) The lower appellate court has chosen to hear both the said appeals separately even though both the suits were jointly tried, thereby the lower appellate court allowed A.S.No.45/2009 which was filed by the plaintiff in O.S.No.200/2008 and dismissed the suit.