NITTA GELATIN (INDIA) LIMITED Vs. GOWRI

JUDGEMENT

(1.) EXHIBIT P3, order dated 03.03.2012 on I.A.No.477 of 2012 in O.S. No.393 of 2010 of the Munsiff's Court, Chalakkudy is under challenge in this Original Petition at the instance of the defendants.

(2.) RESPONDENTS 2 and 3, along with the deceased 1st respondent filed the suit for prohibitory injunction to restrain the petitioners from trespassing into the suit property. While resisting the suit, petitioners made a counter claim for a decree to fix eastern boundary of the counter claim schedule property and for prohibitory injunction to restrain respondents 2 and 3, deceased 1st respondent and the men under them from trespassing into the counter claim schedule property or obstructing erection of a gate on the eastern compound wall of their property.

(3.) THE learned Munsiff, by Ext.P3, order dismissed the application for the reason that the application is belated, earlier reports of the Advocate Commissioner show existence of a compound wall on the eastern side of the property claimed by the petitioners and that there is no prayer for recovery of any possession of the property from respondents 2 and 3 and the deceased 1st respondent and situated beyond the compound wall. The further reason stated by the trial court was that the document of title of petitioners was not produced.