KRISHNADAS Vs. AMMU POOJARI

JUDGEMENT

(1.) In both these Civil Miscellaneous Appeals, on behalf of the appellants, who are the same, Mr. K.V. Suryanarayana Iyer, learned counsel, attacks the orders passed by the learned Subordinate Judge of Kasaragod, dismissing two applications filed by his clients, for recording a compromise in two appeals namely A. S. Nos. 28 of 1962 and 31 of 1962 on the file of that court.

(2.) Though, for the purpose of disposing of these appeals, it may not be really necessary to go very much into the nature of the litigations, that has led to the filing of these two Civil Miscellaneous Appeals, nevertheless it is necessary to refer to two suits instituted by the parties concerned, in order to appreciate the circumstances under which the appeals in the lower court came to be filed by the present appellants.

(3.) It is seen that the present appellants had instituted a suit O. S. No. 127 of 1957, on the file of the Munsiff's Court, Kasaragod, for a permanent prohibitory injunction to restrain the defendants therein from trespassing on their property or otherwise interfering with the peaceful possession of the same by them. It is also seen that there was another suit, viz., O. S. No. 163 of 1958, on the file of the same court, filed by three plaintiffs, for a mandatory injunction directing the defendants in that suit - which included the present appellants as defendants 1 and 2 - to restore the bund and pathways in the directions mentioned in the plaint, as also to restore a water channel, to their original condition.