The main legal point established in the judgment is the court's inherent power to protect parties' rights pending suit, including the granting of interim mandatory injunctions in deserving cases.

K. Narayana Kurup, J.

Defendants in O.S. No. 16/97 of the Sub Court, Pala are the revision petitioners. The Civil Revision Petitions are directed against the common order of the Addl. District Judge, Kottayam dismissing C.M.A. Nos. 44,45 and 46 of 1997. C.M.A. No. 44/97 is directed against the order of the trial court - Sub Court, Pala in I. A. No. 340 of 1997 in O. S.16/97 granting mandatory injunction directing the defendants to remove granite stones heaped in the property described as item No. 2 to the plaint. C.M.A. No. 45/ 97 is directed against the order in I.A. 341/97 in the same suit granting temporary injunction against defendants 1 to 3 from trespassing upon the plaint schedule properties or from making any obstruction in plaint schedule item No. 2 or from interfering with the running of the crusher unit in plaint schedule item No.1 till the disposal of the suit.

C.M.A. No. 46/97 is directed against the order in LA. No. 448/97 in the same suit dismissing first defendant's prayer for temporary injunction restraining the plaintiff from taking vehicles or from trespassing or obstructing the possession and enjoyment of 4.77 acres of property belonging to the first defendant surrounding plaint schedule item No.1 till the disposal of the counter claim.

2. The plaintiff and revision petitioners - defendants are father, mother and children, plaintiff being one son and defendants being the father, mother and a brother of the plaintiff. The suit was one for prohibitory injunction against defendants from trespassing into the plaint schedule properties and from making any obstruction in the plaint schedule item No. 2 road and from interfering with the running of stone metal crusher unit in plaint schedule item No. 1. Along with the suit the plaintiff also filed an interlocutory application for a temporary mandatory injunction directing the defendants to remove granite stones put in the plaint schedule item No. 2 property and if the defendants are not removing the stones, he may be allowed to remove the same. The plaintiffs case is that he obtained title to plaint schedule item No. 2 property as per Ext. A2 registered gift deed executed by his father in the year 1995 which is being used as a road for taking lorries into plaint schedule item No.1 property where the crusher unit is situated for transportation of granite. The defendants filed a written statement denying the plaint averments. A specific case set up in the written statement is that the plaint schedule item No.1 property is not having a separate boundary demarcating it from the surrounding property owned by the first defendant. Further, it was contended that the crusher unit mentioned in the plaint is working under a partnership arrangement between the plaintiff and defendants 1 to 3. On a consideration of the rival contentions, the trial court negativing the plea set up by the defendant that Ext. A2 gift deed (which is a photo copy of registered gift deed No. 1720) has not come into effect and the plaintiff has no right over the roads stated therein found on the basis of Ext. Cl commission report that the plaint schedule item No. 2 road in question is being used for the purpose of going over to the crusher unit in plaint schedule item No. 1. It is also found that except plaint schedule item No. 2, there is no other way to reach plaint schedule item No. 1. Taking into consideration, the aforesaid facts and circumstances, the trial court granted an interim mandatory injunction as per order in LA. No. 340/97 directing the revision petitioners - defendants 1 to 3 to remove the granite stones collected in the plaint schedule item No. 2 or in the alternative the plaintiff be allowed to remove the same and to recover costs from the defendants. LA. No. 341/97 was also allowed, granting a temporary prohibitory injunction restraining the revision petitioners - defendants from trespassing into the plaint schedule property or from making any obstruction in the plaint sch