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2008 Supreme(Ker) 686

K.T.SANKARAN
Gopinathan Pillai – Appellant
Versus
Rajappan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.B. Suresh Kumar (Quilon)
For the Respondent: J. Om Prakash

ORDER :

K.T. Sankaran, J.

Respondents 1 and 2 filed O.S. No. 89 of 1991, Munsiff's Court, Karunagappally, against respondents 3 and 4 and the revision petitioner for a permanent prohibitory injunction. The revision petitioner was the third defendant in the suit. The trial court decreed the suit on 18.2.1991. As per the decree, the defendants were restrained from trespassing into the plaint schedule property, from cutting open a road through the property or from altering the nature of the property or committing any waste in the property. The decree has become final.

2. Alleging that the judgment debtors violated the decree and cut open a pathway, having a length of 150 metres and width of 3 metres, through the western side of the plaint schedule property on 26.6.1995 and that the judgment debtors destroyed tapioca, three mango trees, tamarind trees etc., the decree holders filed E.P. No. 112 of 1995 with a prayer to realise the loss of Rs. 5,000/- by attachment and sale of the properties of the judgment debtors. After the filing of the Execution Petition, the decree holders filed E.A. No. 217 of 1995 claiming a sum of Rs. 17,500/-, after assessing the loss sustained by them. This amoun



































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