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Safiya

High Court Of Kerala|11 November, 2014
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JUDGMENT / ORDER

The petitioner is one of the plaintiffs in O.S.No.462/2013 which is pending before the Munsiff Court, Kannur. An ad-interim order of injunction was obtained against the 1st defendant. The defendants entered appearance and one of them pointed out that he had already assigned the property and the assignees were brought on the party array and an Interlocutory Application for injunction as against them was also moved. On that petition, only notice has been ordered. The petitioner's grievance is that an ad-interim order of injunction ought to have been granted. 2. The question as to whether ad-interim injunction can be granted or not is within the exclusive jurisdiction of the court below and if the court below felt that notice should be issued before granting ad-interim order of injunction, it cannot be found fault with. Moreover, there is already a Commissioner's report which shows existence of pathway over which claim is raised.
O.P.(C) No.2613/2014 2
3. In the light of the facts and circumstances, no orders are called for in the petition.
This Original Petition is without merits and it is accordingly dismissed.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Safiya

Court

High Court Of Kerala

JudgmentDate
11 November, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri
  • K Rajesh Sukumaran