GEORGE Vs. SOJAN T.THOMAS

JUDGEMENT

(1.) EXT .P6, order dated 02.01.2013 on I.A. No. 1992 of 2012 in O.S. No. 199 of 2011 of the Munsiff's Court, Thoudpuzha is under challenge in this original petition at the instance of the defendants in the suit.

(2.) RESPONDENTS filed the suit for recovery of damages for allegedly destroying the boundary fence of the suit property. They claimed that they are the owners in possession of 1.64 acres in various survey Nos. referred to in the plaint with property of petitioners on the eastern side. Petitioners contended that entitlement of the respondents is only for 1 acre and that in connection with the same matter, there was an earlier suit as O.S. No. 308 of 2008.

(3.) LEARNED Senior Advocate for the respondents contends that various documents pressed into service in this original petition were not produced before the learned Munsiff and hence learned Munsiff cannot be found fault for not looking into the various documents now pressed into service. It is also contended that proceeding under Article 227 of the Constitution is not an original proceeding where this court is required to go into the contentions not raised in the trial court.