JUDGMENT

Petitioners are defendant Nos.1 to 3 in O.S.No.262 of 2008 of the court of learned Principal Munsiff, Kochi. Respondent No.1 filed that suit for a decree for prohibitory injunction to restrain petitioners and respondent Nos.2 to 4 from trespassing into the suit property, putting up new constructions, enlarging the existing plaint B schedule or interfering with the right of respondent No.1 to construct wall/fence around and within plaint A schedule property without causing obstruction to petitioners and respondent Nos.2 to 4. Petitioners contended that the suit is barred under Section 11 and Order II Rule 2 of the Code of Civil Procedure (for short, “the Code”) in view of an earlier litigation and decision between predecessors in interest of the parties in O.S.No.762 of 1976. Petitioners wanted maintainability of th suit to be decided as preliminary issue and as per Ext.P12, order learned Munsiff found that suit cannot be said to be barred for any of the reasons stated by petitioners. Learned counsel for petitioners contended that Ext.P12, order is erroneous and that the relevant aspects of the matter were not taken into account by the learned Munsiff.

2. Facts which are no