SABU Vs. SASI

JUDGEMENT

(1.) These two Regular Second Appeals arise from the common judgment dtd. 29/3/2014 in A.S.Nos.102 and 103 of 2011 passed by the Subordinate Judge's Court, Perumbavoor. The Appeal Suits arose from the common judgment and decree dtd. 29/7/2011 in O.S.No.32 of 2009 and O.S.No.9 of 2008 passed by the Munsiff's Court, Kolenchery. The appellant instituted O.S.No.9 of 2008 for damages and mandatory injunction against respondent No.1. The respondents instituted O.S.No.32 of 2009 for declaration of title regarding the plaint schedule properties and for recovery of a portion of the immovable property said to have been encroached upon by the appellant. The respondents also prayed for a permanent prohibitory injunction.

(2.) Material facts relevant for the adjudication of these appeals are briefly narrated below:-

(3.) Both the suits were jointly tried. O.S.No.32 of 2009 was taken as the lead case. During the trial, PWs 1 to 3 were examined, and Exts.A1 to A5 were marked on the side of the respondents. DWs 1 to 4 were examined, and Exts.B1 to B5 were marked on the side of the appellant. Exts.C1 to C4 series were marked as Court exhibits.