POULOSE, S/O. PARAKKAL OUSEPH, KORUMALA DESOM, KUTICHIRA VILLAGE, MUKUNDAPURAM TALUK Vs. GANGADHARAN, S/O. KARUVANNOOKKARAN AYYAPPAN, VELLIKULANGARA VILLAGE, DESOM, KARUVANNOOKKARAN HOUSE, MUKUNDAPURAM TALUK AND ORS.

JUDGEMENT

(1.) THOUGH the appeal was admitted and notice was ordered presumably on all substantial questions of law raised in the memorandum of appeal, on hearing the learned counsel on both sides I find that the substantial questions of law to be framed are only the following:

(2.) RESPONDENTS 1 and 2 filed the suit arraying the appellant as the 1st defendant and respondents 3 to 5 as defendants 2 to 4. They prayed for a decree for mandatory injunction to direct the appellant vacate the plaint B schedule item Nos.1 to 3 which according to them is puramboke land in the unauthorized occupation and use of the appellant. Plaint A schedule is 25 cents allegedly belonging to the appellant. Respondents 1 and 2 claimed that plaint B schedule was being used as a way to the bathing ghat. When the appellant attempted to trespass into the plaint B schedule way, respondents 1 and 2 objected to that. The appellant filed O.S. No.2073 of 1987 against respondents 1 and 2 for a decree for prohibitory injunction. That suit was dismissed as not pressed. Respondents 1 and 2, filing the suit under Section 91 of the Code of Civil Procedure (for short, "the Code") prayed for a decree for mandatory injunction. They also wanted respondents 3 to 5 to take action against the appellant for unauthorized possession of plaint B schedule.

(3.) RESPONDENTS 3 and 4, the State and the Tahsildar contended that the disputed property is the meeting place of three Villages and hence only after a detailed survey, it could be ascertained what is the extent of trespass (allegedly by the appellant). They further contended that the sketch necessary for measurement of the puramboke land is not available in the Village office and hence steps are being taken to get necessary sketch from the office of the Superintendent of Survey. On obtaining the sketch respondents 3 and 4 would take necessary steps (to identify the extent of the puramboke land and evict the encroachment if any).