JUDGMENT :

V.G. ARUN, J.

1. The petitioner was the plaintiff in O.S. No. 37 of 2014 on the files of the Principal Munsiff's Court, Kollam. The prayer in the suit was for a permanent prohibitory injunction restraining the respondents/defendants from trespassing into plaint B schedule pathway and from taking vehicles through the pathway or parking vehicles therein. The suit was decreed with cost. Aggrieved, the second respondent filed appeal (A.S. No. 86 of 2020) before the Additional District Court-IV, Kollam. While admitting the appeal, the appellate court passed Ext.P3 order, staying the operation of the decree and judgment till the disposal of the appeal.

2. When this original petition came up for admission, it was pointed out that the petitioner had filed I.A. No. 3 of 2021 before the appellate court seeking review of Ext.P3 order. Therefore, by order dated 25.08.2021, the appellate court was directed to pass orders on that interlocutory application. By Ext.P4 order, the appellate court dismissed I.A. No. 3 of 2021, finding that on the facts of the case, an order staying the operation of the judgment and decree is highly essential.

3. Advocate H. Vishnudas, learned Counsel for the p