JAYAKUMAR Vs. RAJENDRAN PILLAI AND OTHERS

JUDGEMENT

(1.) The challenge in this petition is against Ext.P5 order passed by the trial court on a petition filed under Order 6, Rule 17 of the Code of Civil Procedure, 1908 (in short, "the Code"). Plaintiff is the petitioner and defendants are the respondents.

(2.) Heard the learned counsel appearing for the petitioner and the respondents.

(3.) The suit pending before the court below is one for fixation of boundary of plaint schedule property and also for a mandatory injunction directing the respondents to demolish a portion of the structures said to have been constructed by encroaching into the plaint schedule property. Ext.P1 is the copy of plaint. Ext.P2 is the copy of written statement filed by the respondents/defendants. Apart from denying plaintiff's case, the respondents have set up a right over the disputed portion of plaint schedule property and claimed declaratory and prohibitory reliefs by way of counter claim.