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2003 Supreme(Ker) 482

G.SASIDHARAN
Appukuttan Nair – Appellant
Versus
Hydrose – Respondent


Judgment :-

1. Petitioners filed O.S. No.192 of 2002 on the file of the Munsiff, Varkala for permanent injuction to restrain respondent from demolishing the compound wall on the side of their property. I.A. No.1231 of 2002 was filed in the above suit by the petitioners for temporary injunction. The respondent filed O.S. No.198 of 2002 against the petitioners for declaration of easement right of way over a portion of the property of the petitioners and also for mandatory injuction to remove a portion of the compound wall. In the above suit I.A. 1269 of 2002 was filed by the respondent for interim mandatory injunction directing the revision petitioners to remove the obstruction caused to the way by putting up a compound wall across the way. Both the petitions were disposed of by the learned Munsiff by a common order. I.A. No.1231 of 2002 in O.S. 192 of 2002 was dismissed and I.A. 1269 of 2002 in O.S. 198 of 2002 was allowed by directing the petitioners to remove the obstruction caused in D schedule pathway within one week. Challenging the common order made by the learned Munsiff, two Civil Miscellaneous Appeals were filed in the court of the Sub-Judge, Attingal by the petitioners. C.












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