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2022 Supreme(Online)(KER) 48687

HIGH COURT OF KERALA
C.S. DIAS, J
BENNY VARGHESE – Appellant
Versus
FRANCIS – Respondent


Advocates:
MANU VYASAN PETER, P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE, A.C.THOMAS, ADHIKARAM ABRAHAM, BABU KALLIVAYALIL, G.SREEKUMAR (CHELUR)

J U D G M E N T

The original petition is filed to set aside the common order in I.A.Nos.2890/2019 & 3008/2019 in O.S.No.446/2019 (Ext.P10) of the Court of the Munsiff, Muvattupuzha(Trial Court) and the common judgment in C.M.A.Nos.41/2019 & 42/2019 (Ext.P11) of the Court of the Subordinate Judge, Muvattupuzha(Appellate Court)

2. The skeletal facts relevant for the determination of the original petition are: the petitioners were the applicants in I.A.Nos.2890/2019 and 3008/2019 filed in the suit and the appellants in the above appeals. The petitioners had filed the suit for a decree of permanent prohibitory injunction, to restrain the respondent from obstructing their usage and enjoyment of the pathway described as plaint ‘C’ and ‘D’ scheduled properties. They have alleged that their right of access to plaint ‘A’ and ‘B’ scheduled properties on the northern end of plaint ‘C’ and ‘D’ scheduled properties has been obstructed by the respondent. Earlier, a suit was filed as O.S.No.569/2015 before the Trial Court by the plaintiffs’ predecessors-in-interest. However, the suit was dismissed as abated on 08.08.2019. Subsequently, on 18.08.2019, when the respondent attempted to erect a gate o

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