CHANDUVEETTIL MOHANAN Vs. PATTARVALLY K.SHAMSUDHEEN

JUDGEMENT

(1.) The defendants in O.S.No.77 of 2002 of the Sub Court, Koyilandy are aggrieved by the decree for prohibitory injunction granted in that suit, as confirmed by the III Additional District Court, Kozhikode in A.S.No.186 of 2009.

(2.) The respondents sued the appellants for a decree for prohibitory injunction against trespass concerning the 7= cents in resurvey No.31/10 claiming title and possession of the suit property as per Ext.A2, assignment deed No.2455 of 2000 in favour of Assainar Haji, predecessor -in -interest of respondents 2 and 3. They claimed that on the death of Assainar Haji, they got the property by inheritance. Appellants 1 and 2 have property on the west of the said property. There is a well defined boundary between the said property and the property of respondents 1 and 2. The respondents attempted to construct a granite wall on the boundary between the two properties. There was some obstruction. The Tahsildar with the assistance of a Surveyor measured the property. Hence the suit for permanent injunction.

(3.) Appellants 1 and 2 contended that the suit property belonged to the 1st appellant as per partition deed No.2556 of 1996 and that they are in possession of the property. Appellants 3 and 4 contended that they purchased a portion of the suit property as per document No.2562 of 2002 and thus they are in possession of that portion of the suit property.