FAMILY MEMBERS OF VADAKKE PANDASSERI Vs. THANKAMANI

JUDGEMENT

(1.) RESPONDENTS 1 to 6 had obtained a decree against the seventh respondent in O.S.No.75/2009 on the file of the Court of the Munsiff of Vaikom. The decree is for fixation of boundary and also for mandatory injunction. It is conceded that respondents 1 to 6 do not lay any claim over the temple and appurtenant land demarcated as HJKLH in Ext.C2(b) plan.

(2.) THE decree for mandatory injunction directs the seventh respondent to remove a shed shown in Ext.C2(a) plan. Respondents 1 to 6 have in the alternative been permitted to remove the shed at the expense of the seventh respondent. The execution petition levied for removing the shed has reached a final stage.

(3.) THE petitioners contend that they have perfected their title by adverse possession and limitation. The petitioners have also a case that the entire extent of about 15 cents is being used for the purpose of the conduct of festivals in the temple. It is for the petitioners to file a fresh suit to establish the right claimed as above. The execution court was perfectly justified in dismissing E.A.No.72/2011 in E.P.No.23/2011 as not maintainable under the circumstances.