C. SANJAYAN Vs. A. RAMAN

JUDGEMENT

(1.) THE petitioners in C.R.P.No. 240 of 2006 (C. Sanjayan and C. Suresh) filed O.S.No. 503 of 2005 on the file of the Court of the Munsiff of Chittur against A. Raman, the petitioner in W.P. (C) No. 18386 of 2006, for permanent prohibitory injunction restraining the defendant from trespassing upon the plaint schedule property and from disturbing the peaceful possession of the plaintiffs and the construction activities in the plaint schedule property.

(2.) THE plaintiffs filed I.A. No. 2738 of 2005 under Rule 1 of Order 39 of the Code of Civil Procedure for temporary injunction. The trial court allowed the application in part as follows:

(3.) THE plaintiffs filed C.R.P.No. 240 of 2006 and the defendants filed W.P. (C) No. 18386 of 2006 challenging the judgment of the Appellate Court in so far as the same is against the respective contentions of the parties. The Revision and the writ Petition were filed in 2006. No interim order was passed in the cases. The suit is of the year 2005. It is ripe for trial. The judgment of the Appellate Court stood as such for a period of more than five years. It is not necessary to make any modification to the judgment passed by the court below. All the contentions of the parties are left open to be decided in the suit. It is necessary to decide the suit untrammelled by any of the observations contained in the order of the trial court or in the judgment of the Appellate Court.