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2010 Supreme(Ker) 132

V.RAMKUMAR
Antony – Appellant
Versus
Padmavathy Amma – Respondent


Advocates Appeared:For the Petitioner:Joby Cyriac & Roy Chacko, Advocate. For the Respondent:T.Jayakrishnan, Advocate.

Judgment :

The sole defendant in O.S. No. 229/2009 on the file of the Munsiff's Court, Cherthala, is the Petitioner in this Writ Petition filed under Article 227 of the Constitution of India. The said suit instituted by the respondent herein, as originally filed, was one for a declaration of prescriptive easement of the plaintiff over the plaint schedule Item No. 3 pathway and for a permanent prohibitory injunction restraining the defendant from making any obstruction to the plaint schedule item No. 3 pathway and for fixation of the boundaries of the plaint schedule item No.I belonging to the plaintiff and for consequential reliefs. It was later amended seeking a prayer for mandatory injunction as well.

2. The proceedings impugned in this Writ Petition are Ext.P3 order dated 14-7-2009 passed by the Munsiff's Court, Cherthala and Ext.P5 judgment dated 10-12-2009 passed by the Sub Court, Cherthala concurrently allowing the plaintiff's application filed as I.A. 2066 of 2009 for an interim mandatory injunction directing the defendant/Writ Petitioner to demolish that portion of the compound wall which blocks the plaint schedule item No. 3 pathway used by the plaintiff for ingress and eg
































































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