RAMAKRISHNAN NAIR Vs. SHEELAKUTTY

JUDGEMENT

(1.) DEFENDANTS in O.S. No.109 of 2012 of the Munsiff's Court, Erattupetta challenge Ext.P8, order on I.A. No.436 of 2012 and Ext.P10, judgment in C.M.A. No.19 of 2012 of the Sub Court, Pala.

(2.) RESPONDENTS filed the suit for prohibitory injunction claiming that 1st respondent is the owner in possession of the suit property - 2.8.39 hectares as per Ext.P3, partition deed and that petitioner is attempting to trespass into that property. They filed Ext.P2, application for order of temporary injunction specifically claiming that the suit property is lying as a single plot within well defined boundaries where the family house is situated.

(3.) TRIAL court after considering the materials including the sketch submitted by the Advocate Commissioner found prima facie case in favour of respondents and granted temporary injunction. Exhibit P8 order to that effect was confirmed by the learned Sub Judge by Ext.P10, judgment in C.M.A. No.19 of 2012.