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1967 Supreme(Ker) 96

M.MADHAVAN NAIR
VELLAKUTTY – Appellant
Versus
KARTHIYANI – Respondent


Judgment :-

1. This motion has arisen in an interlocutory proceeding for a temporary injunction to restrain the defendants from entering the suit properties. Along with the institution of the suit, the plaintiff moved for and the Munsiff ordered interim injunction on April 7,1965. On receipt of notice thereof the 2nd defendant entered appearance and prayed for cancellation of the interim injunction as regards plaint items 1 to 5 to which alone she claimed title and possession. The Munsiff allowed that prayer and limited the injunction to concern plaint items 6 to 9. On appeal by the plaintiff the District Judge, Palghat, held the lower court to have gone "wrong in vacating the interim injunction with regard to items 1 to 5", and, finding the crops on the properties to have been raised by the 2nd defendant, directed the lower Court to "make suitable arrangements for harvesting the crops." The 2nd defendant has come up for a revision of that order.

2. The facts are thus: The plaintiff is the first wife, and the 2nd defendant is the second wife of one Karuman who is no more. 1st defendant is the mother of the 2nd defendant and does not claim any interest in the suit properties. The con








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