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