Premature interpretation of legal provisions and failure to consider material facts can lead to the setting aside of a judgment.

The writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs:

i. to issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P8 and quash the same.

ii. to grant such other reliefs which this Honourable Court deems fit and necessary in the facts and circumstances of the case.

2. Petitioners, two in number, are the defendants in O.S.No.364/2008 on the file of the Munsiff Court, Adoor, and the respondent is the plaintiff in that suit. Suit was one for a declaration that the provision in Ext.P3 sale deed executed in favour of the defendants by the owners of that property to use the plaint schedule property as a way by the vendees is not binding on the schedule property and the owner of that property, the plaintiff. Ext.P1 is the copy of the plaint in the suit. In Ext.P3 sale deed executed in favour of the defendants, a provision had been made in respect of the plaint schedule property enabling them to use it for their enjoyment of the property covered by the deed. Plaint schedule property is a pathway having a width of Rs.10.25 ft. extending to an area of 1 are 11 Sq.m (2.750 cents) situated in the north-south direction in R.S.No.172/24 in Block No.3 of Pandalam Village. Suit claim was based on Ext.P2 sale deed executed in favour of the plaintiff in respect of the plaint schedule property, the pathway aforementioned, which according to the plaintiff, conferred absolute title and possession over such property in her favour and, after transfer, none had any right to encumber or create any restraint in the enjoyment of the exclusive possession of that pathway by the plaintiff. With the suit, the plaintiff moved an interlocutory application for interim injunction to restrain the defendants from interfering in any manner with the plaint schedule property setting forth a case that on the basis of the provisions made in their sale deed, Ext.P3, which is sought to be declared as null and void in the suit, the defendants are making attempts to trespass upon the pathway and reduce portions of that pathway annexing it to their property. The defendants appeared and resisted the interim relief prayed for, filing objections. Ext.P4 is the copy of that objections. After deputing an Advocate Commissioner to conduct a local inspection and obtaining a report and plan, copy of which are produced as Ext.P5, and examining the materials produced by both sides and hearing the respective counsel, the learned Munsiff dismissed the application for interim injunction holding that the plaintiff has not established a prima facie case, and, further, she has suppressed material facts from the purview of the court while seeking the discretionary relief of injunction. Ext.P7 is the copy of the order passed by the learned Munsiff dismissing the injunction application. Impeaching the correctness of Ext.P7 order, the plaintiff filed an appeal as C.M.Appeal.No.15/2009 before the District Court, Pathanamthitta. The learned District Judge, after hearing both sides, reversed Ext.P7 order and allowed the interlocutory application moved by the plaintiff not in toto, but to the extent of restraining them from altering the lie and nature of the schedule item directing for maintaining the statusquo as under the reports filed by the Commissioner. A further order was also made that no vehicular access shall be made through the schedule property, the pathway. Ext.P8 is the copy of that judgment. Propriety and correctness of Ext.P8 judgment passed by the learned District Judge is impeached in the writ petition contending that it is unsustainable as the interference with the order of the Munsiff amounted to an irregular exercise of appellate jurisdiction as there was no justifiable grounds to do so, and, further, the reasonings formed with reference to the provisions covered by Ext.P2 sale deed and the legal principles enunciated thereunder are patently erroneous and unsust