VENUGOPALAN PILLAI Vs. ASHOKAN V.KUMAR

JUDGEMENT

(1.) THE petitioners are aggrieved by Ext.P5 order of the Munsiff Court, Karunagappally, on I.A.No.1188/2009 in O.S.No.343/2009, which was modified by the appellate court in Ext.P8 judgment in C.M.A.No.109/2009, altering the order of the court below, in so far as, against the petitioners. THE learned appellate judge while modifying the order directed the defendants or anybody under them, shall not alter the boundaries as well as the present lie of the property including the building and machinery, as reported by the Commissioner in Ext.C1 report, till the disposal of the suit. THE order in respect of the mill in the building is altered to the effect that only a person having appropriate licence from the authority concerned alone will be entitled to conduct the rice and flour mills in the plaint schedule property with permission of court after producing the licence. It is further directed that the trial court shall appoint a receiver for management of the bills as per law, if it is found essential.

(2.) SUBSEQUENT to this order, the respondent produced the licence before the trial court which according to the petitioner was fraudulently and collusively obtained by producing the consent letter by the petitioners' father dated 26/10/2010, who according to the petitioners died on 07/10/2004. Ext.P15 is the permission given to the respondent to operate the mill on the basis of the licence so produced. Aggrieved by the said order, the petitioners have come up before this Court.