SOMAN Vs. E.V.BHASKARA KURUP

JUDGEMENT

(1.) PETITIONERS are defendants in O.S.No.754 of 1999 of Additional Munsiff's Court, Alappuzha aggrieved by the dismissal of C.M.A.No.51 of 2010 of the Additional District Court, Alappuzha.

(2.) RESPONDENT filed O.S.No.754 of 1999 in the Additional Munsiff's Court, Alappuzha for a decree for prohibitory injunction against petitioners trespassing into the suit property, described as 8 cents, effecting constructions or committing waste therein. Petitioners resisted the suit on various grounds such as that they have 13.36Ares of garden land comprised in survey No.46/16-1-5 of Mararikulam North Village as per document No.1374 of 1972 and that the said property is well bounded. They also contended that they have no intention to trespass into the property claimed by the respondent.

(3.) LEARNED counsel contend that after the counsel reported no instruction on 14.03.2006, trial court ought to have issued summons to the petitioners. It is further contended that after 14.03.2006, trial court has taken various proceedings for collecting evidence but the ex parte judgment and decree were pronounced only on 19.02.2009. According to the learned counsel, trial court ought to have disposed of the suit under Order IX, Rule 6 of the Code of Civil Procedure.