M.SASIDHARAN NAMBIAR
Mathai – Appellant
Versus
Jordi Poulose @ Jordi – Respondent
1. Appellant is the plaintiff in O.S.No.201/2001 and the defendant in O.S.146/2001 on the file of Munsiff Court, Perumbavoor. Respondents in R.S.A 1270/2005 are the defendants in O.S.201/2001 and first respondent therein who is the sole respondent in R.S.A.1267/2005 is the plaintiff in O.S.146/2001. O.S.201/2001 is filed by the appellant seeking a decree for declaration that under Ext.A3 agreement dated 14.2.1988, appellant has every right to continue the pipeline through the plaint B schedule property and to pump water from plaint C schedule property to the plaint A schedule property and also to restrain respondents by a permanent prohibitory injunction from interfering with the plaint D schedule pipeline or taking water through it. O.S.146/2001 was instituted seeking a decree for mandatory injunction directing the appellant to remove the pipeline which passes through the plaint schedule property, not being used and is in a dilapidated condition and a permanent prohibitory injunction restraining appellant from trespassing into the plaint schedule property or using it as a way. Plaint schedule property in O.S.146/01 is the plaint B schedule property in O.S.201/01. Both the
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