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1998 Supreme(Ker) 415

S.SANKARASUBBAN
A. Abdul Rahim – Appellant
Versus
Nazarullah – Respondent


Advocates:
G. S. Raghunath and Mohan Jacob George, for Petitioners; P. Sukumaran Nayar (Sr. Advocate) and G. Unnikrishnan, for Respondents.

ORDER :-

This C.R.P. is filed challenging the order dated 5-8-1998 in I.A. 1858/1998 in O.S. 266/1997 on the file of the Munsiff's Court, Attingal. The petitioners are the defendants in the case, while the respondents are the plaintiffs. After the filing of the suit, the plaintiffs filed I.A. 1202 of 1997 for a temporary injunction restraining the defendants from trespassing into the plaint schedule property or digging soil from therein for the purpose of making out any channel through the plaint schedule property and doing any acts to interfere with the possession of the plaintiffs or doing rafting of husk in the water logged area or from causing any damage to the rafted husk in the water logged portions. An interim injunction was granted. Thereafter after hearing the defendants the order was confirmed. It seems, the defendants had also filed suit as O.S.32/1997 and therein they had filed I.A. 164/1997 for temporary injunction. That was also heard along with I.A. 1202/1997. But, that application was dismissed. Against the above common order, the petitioners have preferred Civil Miscellaneous Appeals before the Sub Court, Attingal and the appeals are pending.

2. The injunction order












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