Anil K. Narendran, J.

The petitioners, who are husband and wife, have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 3 and 4 to afford them adequate and effective police protection to use plaint D schedule property in Ext.P1 plaint, in terms of Ext.P2 order of the Principal Munsiff's Court, Ernakulam in I.A.No.2462 of 2018 in O.S.No.1241 of 2016.

2. On 27.04.2018, when this writ petition came up for admission, the learned Government Pleader was directed to get instructions.

3. Heard the learned counsel for the petitioners and also the learned Government Pleader appearing for respondents 1 to 4.

4. The 1st petitioner is the plaintiff in O.S.No.1241 of 2016, a suit for declaration and injunction filed against the 5th respondent herein, seeking a decree declaring that the plaintiff and his family members have absolute right over plaint D schedule property to the exclusion of the defendant and that, it is a private property of the plaintiff and his family members and that, the defendant has no right to use the said property in any manner whatsoever. The plaintiff has also sought for a decree of permanent prohibitory injunction restraining the defendant from obstructing or interfering with the peaceful use and enjoyment of plaint D schedule property by the plaintiff and his family members and from trespassing into plaint D schedule property or using the same in any manner and from committing any waste therein.

5. As per the plaint averments, plaint D schedule property is a private road owned by the plaintiff and his relatives, which forms part of 73 cents of land comprised in Sy.Nos.95/B-2 and 95/A-2 of Edappally North Village, originally owned by the plaintiff's grandfather late Ananthan. In the plaint, plaint D schedule property is described as a private road having an extent of 3.65 cents comprised in Sy.Nos.95/B-2 and 95/A-2 of Edappally North Village lying in the east-west direction, having a length of 159 feet and a width of approximately 10 feet at the eastern and western portions and 7 feet at the middle portion. The defendant owns plaint E schedule property having an extent of 4.99 cents comprised in Sy.No.95/14A/5 of Edappally North Village, originally owned by Elangoor Swaroopam. The defendant purchased the same from one Chakrapani. As per Document No.3526 of 1975 of the Sub Registrar Office, Edappally there is a road from the north-eastern corner of the said property towards north leading to the road up to the tharavadu property of Chakrapani, which finally reaches the public road on the east. Therefore, the plaintiff would contend that the defendant has absolutely no right over plaint D schedule property, which is a private road owned by the plaintiff and his relatives.

6. The defendant entered appearance and filed written statement refuting the plaint claim. During the pendency of the suit, respondents 6 to 7 herein got themselves impleaded as additional defendants, claiming right over plaint D schedule property.

7. During the pendency of O.S. No. 1241 of 2016, the 1st petitioner herein filed I.A. No. 2462 of 2018 seeking an interim prohibitory injunction restraining the 5th respondent herein and anyone claiming through her from in any manner obstructing his actual use and enjoyment of plaint D schedule property for free ingress and egress to his property. The said interlocutory application was filed on the ground that the 5th respondent herein and her men objected the use of plaint D schedule property by the 1st petitioner for ingress and egress to his property. On 12.04.2018, when I.A. No. 2462 of 2018 came up for consideration, counsel on both sides submitted 'no objection' to direct both parties to keep the present state of plaint D schedule property, as noted in commission report filed by Adv. Anoopa M.J., till the disposal of lis. Accordingly, by Ext.P2 order dated 12.04.2018 of the Principal Munsiff's Court, Ernakulam both parties wer