VARGHESE Vs. SHERIF

JUDGEMENT

(1.) The plaintiff in O.S. No. 292 of 1997 on the file of the Court of Munsiff of Thodupuzha challenges the order in I.A. No. 535 of 2000 by which the Court below allowed the prayer made by defendants 1 to 3 to set aside the ex parte decree passed on 11-2-2000.

(2.) The suit was filed in August 1997 by the Revision Petitioners for a mandatory injunction to restore the compound wall on the southern side of the plaint schedule property, for prohibitory injunction restraining the defendants from entering into the property and for damages of Rs. 95,000/-. The case of plaintiffs is that the compound wall on the southern side of the plaint schedule property was demolished by the defendants on 18-7-1997 after trespassing into the plaint schedule property. The compound wall was having a height of 8 feet and a length of 213 feet. There is a lane on the southern side of the compound wall. The defendants do not lay any claim over the plaint schedule property or the compound wall. Their contention was that the compound wall was demolished by the plaintiffs themselves in an attempt to encroach upon the lane on the southern side.

(3.) I.A. No. 1385 of 1997 was filed by the plaintiffs for an interim mandatory injunction for restoration of the compound wall. I.A. No. 1238 of 1997 was filed by the plaintiffs for temporary injunction restraining the defendants from using the portion, which was allegedly annexed to the lane. The defendants, on the other hand, filed I.A. No. 1325 of 1997 for a temporary injunction against the plaintiffs restraining them from interfering with their right to use the pathway. I.A. Nos. 1328 of 1997 and 1325 of 1997 were disposed of by a common order dated 24-9-1997, the application filed by the defendants was dismissed. That order has become final. I.A. No. 1385 of 1997 for interim mandatory injunction was allowed by the trial court as per order dated 25-8-1997. Against that order, defendants 1 to 12 filed C.R.P. No. 1539 of 1997 before this Court. That revision was dismissed on 1-10-1997. Thereafter, the compound wall was constructed in the presence of the Commissioner and with the aid of the Police. The Commissioner has assessed the cost of construction of the compound wall at Rs. 41,012/- (Rupees Forty One Thousand and Twelve only). The plaintiffs had filed I.A. No. 1239 of 1997 for attachment of the property belonging to defendants 1 to 3 to satisfy the possible decree for damages that may be granted in favour of the plaintiffs. That application was allowed and the attachment was effected.