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1998 Supreme(Ker) 354

S.SANKARASUBBAN
Black Marble Granites – Appellant
Versus
Biju – Respondent


Judgment :-

S. Sankarasubban, J.

This C.R.P. is filed against the order dated 2.7.1998 in I.A. 729 of 1998 in O.S.151 of 1998 of the Munsiffs Court, Aluva. Defendants 2, 3, 5 and 6 are the petitioners. LA. 729 of 1998 was filed by the plaintiff to restrain the defendants from entering into the plaint schedule property and from destroying the boundary and from constructing a new boundary. The interim injunction was granted on 26.2.1998. The plaintiff had filed an application for appointment of Commissioner and the Commissioner inspected the plaint schedule property and filed report. It seems from the report of the Commissioner that he was not able to identify the property. Thereafter the petitioners therein entered appearance for vacating the injunction. The Court heard the matter on 10.6.1998. No order was pronounced. It was re-opened and posted on 15.6.1998. The matter was reheard on the same day. Again the matter was heard on 22.6.1998 and adjourned for orders on 26.6.1998. Again it was adjourned to 2.7.1998 for orders. On 2.7.1998, the Court suo-moto re-opened the case and directed the plaintiff to deposit Commission batta and Surveyor batta under R.151 of the Civil Rules of Prac



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