JUDGMENT

Dr. Mukundakam Sharma, J.—

1. Leave granted.

2. The present appeal is filed by the appellant herein challenging the legality of the Judgment dated 18.05.2004 passed by the Division Bench of the Kerala High Court dismissing not only the CMP No. 1118 of 2001 in T.D.B. No. 38 of 1996 but also the appeal registered as A.S. No. 298 of 2002 arising out of O.S. No. 37 of 1998.

3. In T.D.B. No. 38 of 1996, the Travancore Devaswom Board (hereinafter “the Board”) alleged that the property, which was the plaint schedule property in O.S. No. 37 of 1998, belong to Travancore Devaswom Board and that said land had been illegally encroached upon and was in occupation of the trespassers. The aforesaid suit was filed for removing the trespassers.

4. Earlier, the Travancore Devaswom Board had filed a suit for evicting the trespassers (the respondents), which was registered as O.S. No. 37 of 1998. The said suit was contested by the respondents. However, the aforesaid suit was finally dismissed.

5. Being aggrieved by the aforesaid order an appeal was filed by the Board before the Kerala High Court contending, inter alia, that the plaint scheduled property belongs to it and that the respondent