PADMANABHA MENON Vs. KARUNAKARAN NAIR

JUDGEMENT

(1.) The plaintiffs in a suit for permanent injunction restraining the respondents herein from interfering with their right to a pathway and for certain consequential reliefs, are the revision petitioners.

(2.) The interim injunction granted wag made absolute by the Trial Court. The order making the interim injunction absolute, was passed ex parte. The respondents therefore filed I.A. 20/85 under O.9 R.13 CPC. to set aside the ex parte order. The petition was dismissed. The appeal taken therefrom was allowed by the judgment under attack.

(3.) The learned counsel for the petitioners argues that the appeal is incompetent and if that be so, the judgment under challenge allowing the appeal is liable to be dismissed.