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Rajeesh vs Subramanian

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

This Original Petition is directed against the judgment in C.M.A. 44 of 2008 on the file of the 1st Additional District Court, Thrissur which reversed the order in I.A.1158 of 2007 in O.S. 281 of 2007 of Munsiff's Court, Chavakkad.
2. The petitioners before this Court are defendants in O.S. 281 of 2007 of Munsiff's Court, Chavakkad. The suit was one for permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property. Along with the suit the plaintiff had filed I.A. 1158 of 2007 in which they seek temporary prohibitory injunction. Before the trial court, the respondents filed their objection to the interlocutory application. After appreciation of the materials, the trial court dismissed the petition. In appeal, the lower appellate court reversed the finding and allowed the O.P.(C).711/2014. 2 interlocutory application for temporary injunction as against the defendants in the suit.
3. At the time of admission of this Original Petition, this Court directed the parties to maintain status quo until further orders. The suit is of the year 2007 and it is only proper to direct the court below to dispose of the suit at the earliest.
In the result, this Original Petition is disposed of directing the Munsiff's Court, Chavakkad to take up O.S. 281 of 2007 at the earliest and dispose it of as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. Tthe status quo order passed by this Court shall continue till the disposal of the suit.
P. BHAVADASAN, JUDGE sb.
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Title

Rajeesh vs Subramanian

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri Rajit Smt Tulasi
  • Panicker