DAVID Vs. THIRUVANIYOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) PLAINTIFFS in O.S.No.8 of 2007 of the Munsiff's Court, Kolenchery are aggrieved by the dismissal of the suit as confirmed by the Sub Court, Perumbavoor in A.S.No.49 of 2010.

(2.) THE appellants sued the respondents for fixation of boundary and for prohibitory injunction describing the plaint A schedule as 15 = cents in survey No.113/5 and the plaint B schedule as 58 cents in survey No.113/5. According to the appellants, they acquired the plaint A schedule as per Ext.A1, assignment deed while their father, the late Kuriako acquired the plaint B schedule as per Ext.A6, patta No.327 of 1970. The late Kuriako assigned the plaint B schedule to the 3rd appellant in the year, 1985. Thus the appellants prayed for fixation of boundary with respect to a total extent of 73 = cents.

(3.) THE trial court found from the evidence that the appellants have encroached into a portion of the colony road and accordingly dismissed the suit. The counter claim was allowed. That was confirmed by the first appellate court. Hence the Second Appeal.