IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 22508 of 2010(O) -------------------------- A.S.NO.14/2005 OF ADDL.DISTRICT COURT-I, MAVELIKKARA OS.350/1999 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER(S): --------------- PADMANABHAN, AGED 83 YEARS, S/O.LATE KRISHNAN, KOCHUVILAYIL, UMBARNAD MURI, THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT, REP. BY POWER OF ATTORNEY HOLDER SAVITHRI, AGED 71 YEARS, W/O.PADMANABHAN, UMBARNAD MURI, THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): --------------- 1. KRISHNAN, AGED 51 YEARS, S/O.LATE NARAYANAN, VAZHAYIL VADAKKATHIL, UMBERNAD MURI , THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT - 688012. 2. LATHA, AGED 46 YEARS, W/O.KRISHNAN, VAZHAYIL VADAKKATHIL, UMBERNAD MURI , THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT - 688012. 3. RATNAVALLY, AGED 51 YEARS, W/O.SAHADEVAN, KOCHUVILAYIL, UMBERNADU MURI, THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT - 688012. 4. SAHADEVAN, AGED ABOUT 57 YEARS, S/O.VELUTHAKUNJU, VAZHAYIL VADAKKETHIL, UMBERNADU MURI, THEKKEKARA VILLAGE, ALAPPUZHA DISTRICT - 688012. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.07.2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22508 of 2010 ==================================== Dated this the 19th day of July, 2010 J U D G M E N T Plaintiff in O.S.No.350 of 1999 of the court of learned Munsiff, Mavelikkara and respondent in A.S.No.14 of 2005 of the court of learned Additional District Judge-I, Mavelikkara is the petitioner before me. He sued for a declaration of right of easement by prescription over the disputed pathway and for consequential injunction. He got a decree in his favour from the trial court but that was reversed by the appellate court. Petitioner seeks a direction to the learned Additional District Judge to issue certified copy of judgment and decree in appeal and in the meantime, to restrain respondents from obstructing his user of the disputed pathway. Learned counsel states that respondents are making hasty preparations to close down the disputed pathway. Having regard to the facts and circumstances stated learned Additional District Judge is directed to issue certified copy of judgment and decree in A.S.No.14 of 2005 if it is applied for, as early as possible, at any rate within a month from this day. In the meantime, respondents are directed not to interfere with the C.W.P(C) No.22508 of 2010 -: 2 :- condition of disputed pathway as reported in Exts.C1 and C2 for the said period of one month from this day. Writ Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. cks