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2007 Supreme(Ker) 275

PIUS C.KURIAKOSE
M. K. Govindankutty Menon – Appellant
Versus
Reena, W/o. Late Kaithachirayil – Respondent


Judgment :-

In this Writ Petition under Article 227 of the Constitution, the petitioner, a retired member of the State Higher Judicial Service impugns Ext.P3 order passed by the learned Subordinate Judge on an application for attachment before judgment filed by respondents 1 to 3 who were plaintiffs in a suit for damages suffered by them due to the death of one Thomas, husband of the 1st respondent and father of respondents 2 and 3, by electrocution. The allegation in the plaint was that live electric wire had been laid by respondents 4 to 7 who were defendants 3 to 6 in the suit on the boundary of the property belonging to the petitioner who was the 1st defendant in the suit, so as to protect the cultivations standing thereon from attack of rats, bandicoots, rabbits, wild boars etc. The ridge over which the live electric wire was laid was being used by various persons of the locality to the knowledge of all the defendants and it is contended that the instruction given by the writ petitioner-1st defendant to the 2nd defendant, allegedly his agent to lay live electric wire was an intentional negligent act; and the petitioner vicariously and the other defendants directly are liable f










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