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Saju vs State Of Kerala

High Court Of Kerala|20 November, 2014
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JUDGMENT / ORDER

The petitioner has filed O.S.No.369/2014 on the file of the Munsiff’s Court, Thodupuzha against the party respondent in this writ petition. Thereafter, the petitioner has filed I.A.No.1882/2014 seeking a temporary prohibitory injunction restraining the respondents to sell a portion of the B Schedule property and cut and remove the valuable trees in it. The Munsiff’s Court passed Ext.P3 order restraining the respondents from committing any act of waste or mischief in the plaint B schedule property until further orders. The petitioner’s case is that since the Munsiff’s Court has already passed the order and the issue is pending before the Munsiff’s Court, the party respondent is attempting to alienate the property and therefore, the Sub Registrar shall not register W.P.(C) No.30910 of 2014 2 any document presented by the petitioner. It is to be noted that the Munsiff’s Court has not granted any order restraining the party respondent in selling any portion of the B Schedule property. If the petitioner has any grievance against the order passed by the Munsiff’s Court, he has appellate remedy seeking a direction to the Sub Registrar not to register the document.
In view of the matter, the Munsiff’s Court has not granted any relief to the petitioner and I do not find any reason to grant any relief to the petitioner. If any relief is granted in this matter, this will not amount to allowing the injunction petition filed in the civil suit. Accordingly, the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln
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Title

Saju vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
20 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri
  • G Sreekumar