SUDHEER Vs. INDIRA SUDEVAN

JUDGEMENT

(1.) Heard the learned counsel for the appellants and respondents.

(2.) Appellants are aggrieved by the judgment and decree passed by the Additional District Judge, Irinjalakkuada in A.S. No.20 of 2013, whereby a suit filed by the respondents for damages was decreed, reversing the judgment and decree passed by the trial court.

(3.) Case in the plaint shortly stated is as follows: Plaintiffs are husband and wife. Their property is surrounded by well demarcated boundary walls on all sides. A concrete post on the north-western corner of the said property was uprooted by the defendants and they tried to trespass into the property. Plaintiffs' contention is that they requested the defendants to contribute towards the consideration for the property purchased for using as a pathway. The defendants declined to accept the offer and tried to trespass upon it. There was a criminal transaction on 26.11.2010 in the morning whereby the plaintiffs sustained injuries at the hands of the defendants. Irinjalakkuda Police registered a crime alleging offences punishable under Sections 447, 341, 294(b), 323, 324 and 326 read with Sec. 34 Penal Code against the defendants. On account of the personal injuries, the plaintiffs claimed a compensation of Rs. 1,38,870.00 with costs.