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1994 Supreme(Ker) 372

B.M.THULASIDAS
Samuel – Appellant
Versus
Ponnachen – Respondent


Judgment :-

Petitioners are the respondents to E.P.No.161 of 1987 in O.S.No. 314 of 1986 of the Munsiffs Court, Pathanamthitta. The above suit for a permanent injunction was decreed against them on 10-4-1987. The respondents-decree holders filed the above E.P. under Order XXI, R.32 C.P.C. alleging that the petitioners trespassed into the suit property, demolished its eastern boundary-kayyala, removed trees indiscriminately and caused enormous loss to them. Petitioners in their statement of objections denied the allegations and maintained that they did not in any manner disobey or violate the decree and pointed out that there is a 6 feet wide pathway on the eastern side of the suit property, used by them as a also by the local people and when this was sought to be obstructed by the respondents by constructing a kayyala some of the local people who were not parties to the suit interfered and thwarted the attempt. The allegations in the petition are false and made to provide an excuse to take action against them unjustifiably and they prayed that it may be dismissed.

2. The court below examined PWs.1 to 5 and marked Exts. A1 to A6 for the respondents and DWs.1 to 3 for the petitioners.









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