PENTHACOST MISSION Vs. THANKAMMA

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 30.1.2021 in AS No.49/2016 of Sub Court, Kottarakkara (hereinafter referred to as the "First Appellate Court") arising from the judgment and decree dated 29.6.2016 in OS No.569/2013 of Munsiff's Court, Kottarakkara (hereinafter referred to as the "trial court").

(2.) The unsuccessful defendants in both the courts below filed this Second Appeal against the concurrent judgments of the courts below restraining defendants 5 and 6 from issuing licence to defendants 1 to 3, so as to use plaint B schedule property as a cemetery or burial ground by way of decree or permanent prohibitory injunction.

(3.) The plaintiff filed the suit before the trial court alleging that the defendants are making attempts to construct a vault in the plaint B schedule property violating the provisions contemplated under the Kerala Panchayat Raj (Burial and Burning Ground) Rules, 1988 (for short "the Rules").