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1988 Supreme(Ker) 76

THOMAS
VINCENT – Appellant
Versus
AISUMMA – Respondent


Judgment :-

1. This revision is by the defendants whose application for an order of mandatory injunction was dismissed by the trial court. Learned counsel for the respondent-plaintiff raised a preliminary objection that the application for revision cannot be entertained in view of the hurdle contained in S.115 (2) of the Code of Civil Procedure (for short'the Code'), since an appeal lies against the impugned order.

2. Facts are the following: In a suit filed by the plaintiff for perpetual injunction restraining the defendants from entering upon the plaint schedule property, an application for a temporary injunction was also filed. The temporary injunction was to restrain the defendants from trespassing upon the plaint schedule property or from cutting open a pathway through the said property. The trial court granted an ex parte interim injunction order. When the defendants entered appearance and filed abjections, the court vacated the ex parte order and dismissed the application for temporary injunction. Neither the appellate court nor the revisional court disturbed the order dismissing the application for injunction. Defendant's case that they were using a portion of the plaint sch











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