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2022 Supreme(Online)(KER) 27245

SACHISATH – Appellant
Versus
RENJITH – Respondent


JUDGMENT

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 prote

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