JUDGMENT

(Dated: 5^th February, 2025)

The petitioner, a church represented by its vicar is the 1^st defendant in O.S.No.125 of 2022 on the file of the Munsiff Court, Perumbavoor. The respondents are the plaintiffs and defendants 2 to 10 in the suit. The suit is filed for a decree setting aside order No.C2- 95/95 dated 10.12.1996 of the 4^th defendant who passed the order without any authority and without complying the procedures stipulated under the Act and Rules and ordered to restore the revenue and survey records before passing the said order and for a decree of mandatory injunction directing the 1^st defendant to demolish ‘C’ and ‘D’ schedule properties and to remove ‘no parking’ boards, illegally installed by the 1^st defendant within the ‘A’ schedule road and restore the original possession of the ‘F’ schedule pond at the cost of the 1^st defendant.

2. The petitioners, along with defendants 2 and 3 filed a written statement with a counterclaim stating that the suit is not maintainable and is barred by limitation. Learned Munsiff heard the maintainability as a preliminary issue and by Ext.P3 order held that the suit is maintainable at the preliminary stage and the question of whether a