BABU SCARIA Vs. JESSY THOMAS

JUDGEMENT

(1.) The prayers in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows:

(2.) Heard Sri. Varghese C. Kuriakose, learned counsel appearing for the petitioner and Sr.i A.C.Devassia, learned counsel appearing for the respondent.

(3.) The petitioner herein is the judgment debtor in E.P.No.12/2010 in O.S. No.114/1999 on the files of the Munsiff's Court, Kattappana. The said suit was filed by one Smt.Mariyamma Joseph, seeking a declaration that the right of easement by necessity is available to her for the plaint 'C' schedule road and also seeking a decree of permanent prohibitory injunction to restrain the petitioner and persons under him for causing any obstruction to 'C' schedule road or from reducing its width or from disturbing the plaintiff from the peaceful enjoyment of the said 'C' schedule road. O.S.No.114/1999 was dismissed by the trial court on 29.3.2003. The plaintiff had filed A.S.No.72/2003 before the lower appellate court to challenge the said judgment and decree in the O.S. The lower appellate court had allowed the said A.S.No.72/2003. Later, the petitioner/ plaintiff had filed RSA No.634/2014 along with an application to condone delay before this Court and the said RSA is still pending.