NAVYA KIRAN Vs. RAJENDRAN

JUDGEMENT

(1.) The 2nd defendant in a suit for mandatory and prohibitory injunction is the appellant. The Trial Court decreed the suit which was confirmed by the First Appellate Court.

(2.) The plaintiffs are the husband and wife. They are the aged parents of the 1st defendant. The 2nd defendant is the wife of the 1st defendant. The plaint sche dule property and the residential building therein belonged to the plaintiffs as per Ext.A1. Originally, the suit was filed for prohibitory injunction. Thereafter, the suit was amended, including the prayer for mandatory injunction compelling the 2nd defendant to vacate the house in the plaint schedule property on the ground that the 2nd defendant trespassed into the plaint schedule property, breaking open the lock of the house.

(3.) The Trial Court decreed the suit directing the 2nd defendant to vacate the house in the plaint schedule property by taking all her belongings within one month from the date of the judgment. Further, the defendants are restrained by a decree of permanent prohibitory injunction from trespassing into the house in the plaint schedule property without prior permission of the plaintiffs and committing waste therein.