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2006 Supreme(Ker) 408

K.PADMANABHAN NAIR
Vasudevan Radhakrishnan – Appellant
Versus
Vasudevan Achari – Respondent


Judgment :-

The plaintiff in a suit for injunction is the petitioner in this Writ Petition. The challenge in this Writ Petition is directed against the order passed by the learned Additional Munsif, Nedumangad in I.A.No.2646/2005 accepting a counter claim filed by the respondent which was filed subsequent to the filing of the written statement. The petitioner filed O.S.No.348/2005 against the respondent landlord for a decree of permanent prohibitory injunction to restrain the landlord from forcibly evicting the petitioner from the plaint schedule building. An exparte order of temporary injunction was passed which is still in force. The respondent filed a written statement raising various contentions. In the written statement he raised a counter claim also. The learned Munsiff accepted that counter claim. Thereafter the petitioner filed I.A.No.2646/2006 under Order XLVILL Rule 1 of Civil Procedure Code to review that order. He also filed I.A.No.2552/2005 to restrain the landlord from disconnecting the electricity connection. The learned Munsiff allowed I.A.No. 2552/2005 and the landlord was restrained by an injunction from forcibly evicting the petitioner from the saw mill and also












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