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2002 Supreme(Ker) 727

K.PADMANABHAN NAIR
Mariamma – Appellant
Versus
Thomas – Respondent


Judgment :-

1. The defendant in O.S. 2343 of 2001, a suit for permanent prohibitory injunction, is the revision petitioner. The Civil Revision Petition is filed against an order passed by the trial Court allowing an application filed by the plaintiff under O. XXXIX R.1 of the Code of Civil Procedure by which an interim injunction was passed restraining the defendant from proceeding with the construction of a shopping complex situated in the plaint schedule property. The plaintiff, who claims to be a person very much interested in the affairs of the Kaiparambu Panchayat has filed the suit for a decree of permanent prohibitory injunction restraining the revision petitioner from constructing any further or any new construction in the property unauthorisedly or illegally. Along with the plaint, the respondent filed I.A. 5994 of 2001 under O.XXXIX R.1 of the Code of Civil Procedure for an order of temporary injunction restraining the revision petitioner from proceeding with the construction or making any new construction in the suit property unauthorisedly or illegally. The prayer was opposed by the revision petitioner. The learned Munsiff after hearing both sides, found that the respon


















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