JUDGMENT

This appeal is at the instance of the defendants in O.S. No. 816 of

2008 on the files of the Principal Munsiff Court, Ernakulam, a suit for fixation of boundary and a mandatory and prohibitory injunction directing the defendants to remove the construction made by them.

2. The brief facts necessary for the disposal of the appeal are as follows:

2.1. The plaintiff claimed the right, title and possession of 15 cents of land in Sy. No. 95/1 of Maradu Village as per settlement deed No. 296/1975. The 1^st defendant also derived the right by virtue of ‘C ‘Schedule to the said settlement deed. It is alleged that the 1^st defendant on 06.06.2008 had encroached upon the ‘B’ schedule property and made some constructions. Hence, the suit. Subsequently, the plaint was amended by incorporating a plea for the mandatory injunction to remove the obstruction caused. It is alleged that the obstruction was made by the 1^st defendant during the pendency of an order of injunction and at a time when the suit was dismissed for default and before the plaintiff could restore the same.

2.2. The defendants entered appearance and contested the case contending that the 1^st defendant never obstructed the entry