PURUSHOTHAMAN Vs. DIVAKARAN

JUDGEMENT

(1.) The respondents filed O.S.No. 521 of 2002 on the file of the court of the Munsiff of Pathanamthitta against the petitioners for fixation of boundary of the plaint schedule property and for injunction. The petitioners filed O.S.No. 523 of 2002 against the first respondent and another for permanent prohibitory injunction restraining the defendants from trespassing upon the plaint schedule property therein. Both the suits were tried together by the trial court and the suits were dismissed. On appeal as A.S.Nos. 158 of 2005 and 186 of 2005, the appellate court dismissed A.S.No. 186 of 2005 filed by the petitioners against the judgment and decree in O.S.No. 523 of 2002 and allowed A.S.No. 158 of 2005 filed by the respondents against the decree in O.S.No. 521 of 2002. The operative portion of the judgment reads as follows :-

(2.) The appellate court held that both the parties have not made out a case for the grant of the discretionary remedy of injunction.

(3.) The respondents filed E.P.No. 36 of 2010 in O.S.No. 521 of 2002 to execute the decree. The Execution Petition was allowed and the Amin executed the decree.