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2012 Supreme(Ker) 65

K.HARILAL, V.RAMKUMAR
Bernad Mani @ Roy – Appellant
Versus
James – Respondent


Advocates appeared:
For the Appellants:Devan Ramachandran, V.K. Peermohamed Khan, K.M. Aneesh, Advocates.
For the Respondents:R1 & R3, Mathew John (K), Domson J. Vattakuzhy, R6, P.K. Soyuz, Advocates.

Judgment

RAMKUMAR, J.

1. In this appeal filed under Order XLIII Rule 1 (r) C.P.C, the appellants, who are the four plaintiffs in O.S.No.8/2011 on the file of the Subordinate Judges’ Court, Thodupuzha challenge the order dated 26.9.2011 passed by the learned Sub Judge dismissing I.A.No.100/2011 which was an application filed by the appellants/plaintiffs seeking a temporary injunction in the above suit.

2. The aforementioned suit is one for a permanent prohibitory injunction as well as mandatory injunction.

THE PLAINTIFF’S CASE

3. The case of the appellants/plaintiffs is as follows:-

The plaintiffs are the owners of the plaint A and E schedule properties which are rubber plantations situated in Karimkunnam village and lying on either side of the Manjakadmbu-Ponnamthanam Panchayath road which runs east-west. The plaint A schedule property admeasuring about 3 acres is lying to the north of the aforesaid Panchayath road. The plaint E schedule property having an extent of about 2 acres lies to the south of the above Panchayath road. The western and northern boundary kayyala (mud wall) of the plaint A schedule property has been constructed after leaving outside the kayyala a narrow strip



























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