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1992 Supreme(Ker) 214

GUTTAL
Raghavan – Appellant
Versus
Sankaran – Respondent


Judgment :-

The petitioners are plaintiffs in O.S.No. 356 of 1991 in the Court of Subordinate Judge, Thrissur. The respondent-defendant holds a decree for possession against the petitioner. The decree was passed by the subordinate court, Trissur in O.S.32 of 1968. By an application I. A1175/1991 the petitioner sought interim injunction restraining the defendants from recovering possession in execution of the decree in O.S.32/1968. The Subordinate Judge, Trissur, dismissed the LA. 1175/91. The petitioners' C.M.A. 57 of 1991, was dismissed by the District Judge, Trissur. According to the learned District Judge, the court which made the decree in O.S.32/1968 was not subordinate to the court, which was called upon to grant the injunction. Therefore S.41(b) of the Specific Relief Act, hereinafter referred to as the Act precludes the grant of injunction. The plaintiff challenges the legality of these orders. In this judgment the parties are referred by their nomenclature in the suit.

2. The decree in O.S.32/1968 sought to be executed was made by the same court from which the injunction to prevent the execution is sought. The question, therefore is whether S.41(b) applies, to a case in whi










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