C K RAMESH Vs. SURESH MASTER @ SURAH

JUDGEMENT

(1.) Challenging the judgment and decree passed by the 3rd Additional District Court, Kozhikode in Appeal Suits No.59/2010 and 79/2010, the defendant in O.S.No.127/2007 of the Principal Munsiff's Court-I, Kozhikode has come up with this second appeal.

(2.) Originally, O.S.No.127/2007 was filed by the present appellant as plaintiff seeking a decree of perpetual injunction restraining the defendants and their men from trespassing into the plaint schedule property, from causing any obstruction to the plaintiff in making any construction in the plaint schedule property, and from committing waste and damage to the plaint schedule property. Defendants 1 to 5 in the suit were impleaded as persons who were attempting to interfere with the user of the plaintiff over plaint schedule item No.1 property by styling themselves as members of the "Puthoor Bhagavathi Khesthrakkula Sarakshna Samithi". The plaintiff has impleaded the 6th defendant, who is the executive trustee of Puthoor Sree Durga Temple, Puthiyangadi, as a formal party even though there was no attempts from the part of the 6th defendant to obstruct the user of the plaintiff over plaint schedule item No.1 property.

(3.) According to the plaintiff, plaint item Nos.1 to 9 properties are vested with the plaintiff through various documents. The last document is Ext.A1 dated 20.02.2004 in respect of one cent of property in Sy.No.24/1A of the Elathur Village, which is the plaint schedule item No.1 property. Plaint schedule item Nos.2 and 3 properties were acquired by him in the year 1994, plaint item Nos.4 to 7 were acquired in the year 2006, plaint item No.8 was acquired in the year 1999, and plaint item No.9 was acquired in the year 2000. Plaint shedule items 1 to 9 are lying contiguously.