The District Judge, Kozhikode allowed the CM.A No. 111/90 against the order of the Munsiff, Kozhikode-II, whereby the latter had dismissed LA No. 6135/90 for injunction made by the plaintiff. The result is that while the Munsiff dismissed the application for interim 'injunction, the District Judge, in appeal, granted it. The defendants impugn the validity of the order of the learned District Judge, Kozhikode in C.M.A 111/90,

2. In suit No. 207/84 the defendants secured a decree for partition. The decree was made by the Subordinate Judge, Kozhikode. The plaintiff was not a party to O.S. No. 207/84 filed by the defendants. She therefore made LA. No. 916/84 for joining herself as a defendant. This application was dismissed by the Munsiff. She filed C.R.P. No. 1887/ 1985. But before C.R.P. No. 1887/85 could be disposed off, O.S. No. 207/84 was decreed.

Therefore, she filed the present suit No. 840/90 in the court of the Munsiff, Kozhikode. She seeks a decree for partition and perpetual injunction restraining the defendants from executing the decree in O.S. No. 207/84. As already stated, she filed LA No. 6135/90 for interim injunction restraining the defendants from prosecutin