LAWS(KER)-2012-12-37

ANILKUMAR Vs. G.SASIDHARAN

Decided On December 03, 2012
VINOD Appellant
V/S
Commissioner-Cum-Secretary, Road Construction Department, Muzaffarpur, Division No.1, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) THE second appeal arises from the judgment and decree of the Principal Sub Court, Thiruvananthapuram in A.S.No.134 of 2002 reversing dismissal of O.S.No.316 of 2000 of the III Additional Munsiff's Court, Thiruvananthapuram and granting a decree in favour of respondents 1 and

(2.) /plaintiffs. 2. Respondents 1 and 2/plaintiffs claimed to be the owners in possession of the suit property and alleged that the appellants/defendants attempted to trespass into the suit property for construction of a road. They also alleged that the appellants demolished a portion of the eastern compound wall. Hence they prayed for a decree for prohibitory injunction against the appellants trespassing into the suit property, mandatory injunction for restoration of the eastern compound wall and recovery of damages to the tune of Rs.15,000.00.

(3.) PENDING the second appeal, respondents 1 and 2 assigned the suit property in favour of the additional 3rd respondent.