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Anoop Varghese

High Court Of Kerala|05 June, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J.
Both these appeals are filed by the defendant in a suit namely O.S.No.569/2013 of the Principal Sub Court, Irinjalakuda. The plaintiffs filed the I.As. seeking for various reliefs by way of interim orders and the court below has passed an order of interim injunction restraining the defendant from encumbering or alienating the plaint schedule property or forcefully evicting the plaintiff from the plaint schedule property or causing any hindrance to the conduct of the cinema theatre in the plaint schedule property.
2. We heard the learned counsel for the appellant Sri.Vinod Bhat and Sri.P.Viswanathan, the learned counsel appearing for the first respondent plaintiff.
3. Going by the averments in the plaint, the plaintiff is the proprietor of 'Augusthya Cinema Entertainment Theatre'. Even though various contentions have been raised in the appeal, we are of the view that since there is a theatre, which is in operation much prejudice will not be there for the appellant, if the interim order of injunction is allowed to continue till the disposal of the suit. Of course the various contentions raised by the appellant will have to be gone into during the trial of the suit. Therefore, untramelled by the prima facie findings in the order impugned, we direct the court below to expedite the trial of the suit.
The appeals are accordingly disposed of. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.
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Title

Anoop Varghese

Court

High Court Of Kerala

JudgmentDate
05 June, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha