permanent prohibitory injunction, was dismissed only on the ground that the plaintiffs are not in physical possession of the property and the appellate court had held in A.S.No.95/2008 that the dismissal of the appeal suit is on the ground that the plaintiffs are not having possession of the property, but had observed therein that their right in the property is not lost and they can institute suit properly, for declaration of title and recovery of possession, etc. The abovesaid contention of the petitioner requires serious reconsideration at the hands of the trial court concerned. However, now the Principal Sub Court, Kottayam, has passed orders on the Sec.10 C.P.C. application, whereby further proceedings in in O.S.No. 541/2011 have been stayed. Accordingly, the matter in relation to the said application filed under Sec.10 of the C.P.C. will stand remitted to the trial court concerned for consideration afresh after hearing both sides. The court below (Principal Sub Court, Kottayam) will hear both sides afresh on I.A.No. 3439/2013 in O.S.No. 541/2011 and also advert to the abovesaid contentions raised by the petitioner as referred to herein above and will independently take a decision thereon and pass
