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1963 Supreme(Ker) 109

M.MADHAVAN NAIR
CHELLAPPAN – Appellant
Versus
K. P. VARUGHESE – Respondent


Judgment :-

1. The appellants are the plaintiffs in a suit for injunction to restrain execution of a decree obtained by the 1st respondent for eviction of the 2nd respondent from a piece of land, 131/2 cents in extent. That decree was by the Subordinate Judge," Ernakulam, affirmed on appeal by this Court on January 25,1963. On February 28,1963, the appellants instituted the present suit claiming 8 out of the 131/2 cents as been dedicated by the 1st respondent's vendor and given possession to the 2nd respondent in 1946/1947 for putting up a temple for Lord Subramonia who was made no party to the decree, and applied for a temporary injunction to restrain execration proceedings moved by the 1st respondent. Though an interim injunction was ordered thereon, the Subordinate Judge has, after hearing both sides, discharged the same. Against that order, the appellants have preferred C. M. A. No. 23 of 1963 in the District Court, Ernakulam, and by an interlocutory application therein sought a temporary injunction to restrain the 1st respondent from executing his decree; but that application was dismissed by the District Judge by an order dated April 6,1963. This Civil Miscellaneous Appeal is













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