JUDGMENT

Thomas, J.-Civil Appeal No. 3441 of 2001 :

Delay condoned.

Leave granted.

2. The impugned judgment was rendered by a learned single Judge of the High Court of Kerala in a Second Appeal. Respondent filed a suit for declaration of title and injunction restraining the defendant from constructing any building in the open space alleged to be abutting a temple. The trial Court dismissed the suit. The first Appellate Court confirmed the judgment and decree passed by the trial Court and dismissed the appeal. But the High Court while exercising jurisdiction under Section 100 of the Code of Civil Procedure interfered with the concurrent findings on facts and granted a perpetual injunction restraining the defendant and the local authorities of the State of Kerala from putting up any fresh construction in the suit property. The learned single Judge issued a mandatory injunction directing the defendant to preserve the suit property as a maidan to be used for the purposes of the temple. It was further ordered that defendant - State of Kerala is permitted only to complete the construction of the Record Room of the village office at the southern western corner of the maidan.

3. It is the said