SUHAINA BEEVI Vs. STATE

JUDGEMENT

(1.) The present Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take necessary action against the third respondent based on the judgment and decree dated 27.09.2005, made in O.S.No.308 of 2002, on the file of the District Munsif Court, Kuzhithurai, which was confirmed by the judgment and decree dated 15.09.2008, made in A.S.No.3 of 2006, on the file of the Subordinate Court, Kuzhithurai.

(2.) The grievance of the petitioner is that the house property in R.S.No.452/9, measuring an extent of 7 cents, situated at Thengapattanam Village Erstwhile Panikulam Village, belongs to her husband. After the demise of her husband, the petitioner and her children inherited the said property and they are residing therein.

(3.) The third respondent's father namely, Mohamed Sali resided as a tenant in a thatched shed. After his death, his children were residing in the Shed, bearing Door No.16/109. In the year 2002, the third respondent and her brother attempted to encroach the land with an intention to expand the thatched shed as a building and their attempts were stopped by the effective intervention of the petitioner's husband. Thereafter, due to the repeated attempts made by the third respondent, the petitioner's husband filed a suit in O.S.No.308 of 2002 before the District Munsif Court, Kuzhithurai. The said suit was decreed in favour of the petitioner's husband, as a result of which, permanent injunction was granted as prayed for, vide judgment and decree dated 27.09.2005.