CHERUVANOOR NALLALAM GRAMA PANCHAYATH Vs. KATHALATT RAVI

JUDGEMENT

(1.) These two revision petitions have been filed by defendants 1 and 2 respectively in O.S.No. 160/2002 on the file of the Munsiff's Court, Kozhikode-II, The said suit filed by the respondent, Kathalat Ravi was one for a perpetual injunction restraining the defendants from trespassing upon the plaint A and B schedule properties and from altering their present condition and from interfering with the peaceful possession and enjoyment of the same by the plaintiff. Along with the suit the plaintiff also filed I.A.No. 1101/2002 for a temporary injunction on the lines of the perpetual injunction prayed for in the suit. An ad interim order of injunction was granted by the trial court which, after hearing both sides, made the order absolute. Subsequently the plaintiff filed I.A.No. 1295/2002 under Order XXXIX Rule 2A C.P.C. read with Section 151 C.P.C. alleging that the order of injunction was violated by the defendants. Even though the said application was opposed by the revision petitioners on various grounds, overruling their objections the trial court as per order dt. 19.1.2005 allowed the said application directing as follows:--

(2.) Even though defendants 1 and 2 filed an appeal as C.M.A.No. 15/2005 before the District Court, Kozhikode, the same was dismissed as per judgment dt. 16.3.2005. Hence these revisions.

(3.) I heard the learned Counsel appearing for the revision petitioners as well as the respondent/plaintiff.