JUDGMENT

1.

The defendant in the suit is the appellant in this Regular Second Appeal.

2.

The plaintiff filed the suit seeking a permanent prohibitory injunction restraining the defendants and its men and agents from trespassing or further encroaching upon or causing any further loss and damages to the plaintiff or to the plaintiff’s property or in any way interfering with the peaceful possession and enjoyment of the Plaint A Schedule property, directing the defendant to pay damages shown in the Plaint B schedule, for a mandatory injunction directing the defendant to remove the dumped earth from the areca garden and to restore the areca garden and the encroached and newly widened portion of the road in plaint A schedule property to its original condition or to get it done at the cost of the defendant by deputing an amin of the court or in the alternative to direct the defendant to pay the amount of damages estimated by the court, directing the defendant to pay the plaintiff mesne profit at Rs. 200 for the unlawful use and occupation by way of dumping the earth in the plaintiff’s property from 30.03.2003 to 30.07.2003 and directing the defendants to pay future mesne profits at Rs.200 per