IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
P.V.ALEXANDER – Appellant
Versus
MUTTURUTHY SREE BHUVANESWARI TEMPLE @ KARNA KARNA TEMPLE – Respondent
JUDGMENT
Can a plaint be rejected under Order VII Rule 11 of the Code of Civil Procedure 1908 (CPC), based on an application filed by the defendant? This appeal impugns the concurrent findings against the appellant, whereby the suit filed by him for injunction was rejected.”
2. The brief facts necessary for the disposal of the appeal are as follows:
The plaintiff claims that he purchased the plaint A schedule property by a sale deed No.3815 of 2012 on 4.12.2012. The property that lies on the northern side of the plaint A schedule property belongs to the 1st defendant. The 1st defendant is a temple which is being administered by the 2nd defendant. The defendants 3 to 6 are the office bearers of the 2nd defendant and are in administration of the 1st defendant temple. According to the plaintiff, the respondents/defendants attempted to trespass into the plaint A schedule property and, in fact, put up a shed which is described in the D schedule. It is an admitted case that prior to the filing of the suit, the predecessor of the plaintiff had instituted O.S. No.429 of 1996 before the Munsiff Court, which was dismissed, and the plaintiff challenged the same in A.S. No.110 of 2010 before the
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