J U D G M E N T

First defendant in OS 898/98 on the file of Additional Munsiff Court, Trivandrum is the appellant. Respondents 1 to 9 are plaintiffs. First respondent is residents association represented by its secretary and respondents 2 to 8 are its members and 9th respondent member of general public. The suit was filed under Section 91(b) of Code of Civil Procedure seeking a decree restraining appellant and tenth respondent, from obstructing free movement of the user of the road and the lane, being used by respondents. No steps was taken as against tenth respondent by respondent 1 to 9. Appellant filed a written statement contending that Section 91(b) of Code of Civil Procedure has no application to the case. It was also contended that in front of Nagaraja Temple, there is a small plot of land about 2 cents in extent and it is a puramboke land and this plot is used by the public for worshiping the deities and it is a private temple and appellants used to put up a temporary sun shade in front of Nagaraja temple and it is being removed after the festival season and it is necessary for the convenience of large number of devotees gathering at temple and respondents 1 to 9 are not ent