A.V. RADHAKRISHNAN Vs. THE REGIONAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The appellant is the plaintiff in the suit. The suit has been filed for declaration and for permanent injunction on the premise that the said pathway/road belongs exclusively to the appellant to be enjoyed in common with only the persons mentioned in the Document No.4743/1981 dated 27.08.1981 and not beyond.

(2.) The learned Single Judge dismissed the application for interim injunction by taking into consideration the sale deed dated 31.03.1982, in which, the appellant himself is a party. From this document, the fifth respondent traced his right.

(3.) The learned counsel appearing for the appellant submitted that the learned Single Judge committed an error in dismissing the application for injunction. The learned Single Judge ought to have considered the sale deed dated 27.08.1981 and the fact that the patta stands in the name of the appellant. A subsequent report filed before this Court and the order passed in the Cont.P.No.654 of 2000 ought to have been considered in the correct perspective. Therefore, while setting aside the order passed by the learned Single Judge, there should be an order of injunction.