Ext.P10 order in I.A.No.4/2021 and Ext.P11 order in I.A.No.7/2021 in O.S.No.222/2021 dated 13.12.2021 are under challenge in this Original Petition filed under Article 227 of the Constitution of India.

2. Heard the learned counsel for the petitioner/defendant in the above Suit.

3. The learned counsel for the petitioner/

defendant submitted that without deciding the right claimed by the plaintiff, the respondent herein, the learned Munsiff allowed the plaintiff to make the disputed path way as one cartable, so as to carry building materials for the construction of a building in plaint schedule item no.1 property.

4. Going by the orders, it has been made clear that the above orders, has been passed as a temporary arrangement and by virtue of the said order, no right would be acquired by the plaintiff over the path way in dispute. It has been observed further that the right of the plaintiff over the path way would be decided during the final adjudication of the Suit. In the order itself, the description of the path way as recited in Ext.A1 title deed of the plaintiff has been extracted and the same includes plying of vehicles through the way. In such a scenario, in order to protect the alleged path way as recited in Ext.A1 and its use till the disposal of the Suit, the learned Munsiff passed temporary orders without prejudice to the petitioner herein. Going by the order, I could not find any perversity or arbitrariness to revisit the same as to interfere in any manner.

In view of the matter, I am inclined to dismiss this petition as merit less. It is made clear that the plaintiff in this case shall establish his right over the path way by adducing sufficient evidence during trial and the interim order in no way to be treated as finding of any permanent right of way as contended by the plaintiff.

Sd/-

A.BADHARUDEEN, JUDGE.

ww APPENDIX OF OP(C) 37/2022 PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PLAINT DATED

17.06.2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P2 A TRUE COPY OF IA NO.1 OF 2021 DATED

17.06.2021 IN O.S NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P3 TRUE COPY OF THE REPORT DATED

30.06.2021 SUBMITTED BY THE ADVOCATE COMMISSION IN O.S NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P4 A TRUE COPY OF IA NO.4 OF 2021 DATED

28.07.2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P5 A TRUE COPY OF THE OBJECTION DATED

16.09.2021 IN IA NO.4 OF 2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P6 A TRUE COPY OF THE OBJECTION DATED

16.09.2021 IN IA NO.1 OF 2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P7 A TRUE COPY OF IA NO.07 OF 2021 DATED

16.09.2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P8 A TRUE COPY OF THE WRITTEN STATEMENT DATED 18.11.2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P9 A TRUE COPY OF THE OBJECTION DATED

18.11.2021 IN IA NO.7 OF 2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED

13.12.2021 IN IA NO.4 OF 2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.

EXHIBIT P11 A TRUE COPY OF THE ORDER DATED

13.12.2021 IN IA NO.7 OF 2021 IN OS NO.222 OF 2021 ON THE FILE OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA.