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2023 Supreme(Ker) 851

A. BADHARUDEEN
Joseph John – Appellant
Versus
P. A. Johny Kutty @ Yohannan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.Viswanathan (Sr.), Shibu Joseph, Ajith Viswanathan, Sanu S Malakeel, Sayed Mansoor Bafakhy Thangal
For the Respondent: P.B.Krishnan, P.B.Subramanyan, Sabu George, Manu Vyasan Peter, S.V.Balakrishna Iyer (Senior Counsel)

JUDGMENT :

The defendants in O.S.No.623/2015 on the files of the Principal Munsiff Court, Alappuzha, who are aggrieved by the decree and judgment in the above case dated 31.10.2019, confirmed by the Additional District Court-II, Alappuzha in A.S.No.74/2019 along with cross objection, vide decree and judgment dated 27.01.2021, have filed this Second Appeal under Order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (for short ‘C.P.C' hereafter for convenience). The respondent in this Second Appeal is the sole plaintiff in the Suit.

2. I shall refer the parties in this appeal with reference to their status before the trial court, as ‘plaintiff’ and ‘defendants’ hereafter for easy reference.

3. Heard the learned counsel for the appellants/defendants and the sole respondent/plaintiff, on admission.

4. Perused the lower court records and the judgments under challenge.

5. In this matter, the plaintiff filed Suit for permanent prohibitory injunction restraining the defendants and their men from closing or reducing the width of plaint C schedule road, which is available towards the plaint A schedule property owned by the plaintiff for vehicular traffic, when he apprehended obst

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