ALEYAMMA Vs. INDICULA

JUDGEMENT

(1.) The plaintiff is the revision petitioner. The suit is for declaration of the plaintiff's title and possession and also for an injunction restraining the defendant from taking possession of the suit property in execution of the decree in O. S. No. 380 of 1123 of the Munsiff's Court Thiruvalla.

(2.) The revision arises out of I. A. No. 1751 of 1980 filed by the plaintiff for a temporary injunction restraining the defendant from taking possession of the suit property in execution of the decree in O. S. No. 380 of 1123 pending disposal of the suit. According to the plaintiff, the suit property was settled and given to her in consideration of her Sthreedhanam received by her father inlaw, Geevarghese and she is in possession of the property since last thirty years. The defendant obtained a decree in O. S. No. 380 of 1123 for possession of 14 cents of land in Sy. No 178/12A of Kadapra Village.

(3.) Both the courts below have found that the plaintiff has not made out a prima facie case for a temporary injunction. Accordingly I. A. No. 1751 of 1980 was dismissed by the Trial Court and the order of the Trial Court was confirmed in appeal by the District Court, Alleppey. The Trial Court in dismissing the application with costs, has also ordered the plaintiff to pay compensatory costs of Rs 500/- to the defendant. The order of the Trial Court reads as follows: