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2017 Supreme(Ker) 1235

V.CHITAMBARESH, SATHISH NINAN
Sudarsana Pillai – Appellant
Versus
Thulaseedharan Nair – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.D. Shenoy, S. Vinod Bhat, Legith T. Kottakkal
For the Respondent: N.N. Sugunapalan, S. Sujin

ORDER :

V. Chitambaresh, J.

Which is the appropriate forum to move an application alleging violation of injunction under R.2A of Order 39 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' only)? The issue arises on a reference made by the learned single Judge noticing a conflict between Dinesh v. Pioneer Shopping Complex (P) Ltd. (2002 (1) KLT 35) and Indiradevi v. Prasannan (2009 (1) KLT 961).

2. The plaintiffs sought an order of temporary injunction in I.A. No.333/2016 restraining the defendants from altering the traditional route of the temple procession (Parakku Ezhunnullathu) pending disposal of O.S. No. 51/2014. The trial court dismissed the application for temporary injunction whereas the lower appellate court in C.M.A. No. 31/2014 allowed the same. This Court in O.P.(Civil) No.232/2016 filed by the defendants set aside the judgment of the lower appellate court and modified the interim arrangement to be maintained pending suit. The operative portion of the judgment is as follows:

"If a procession is taken out by the first petitioner temple outside the properties which form part of its premises, it shall go to the houses in the order in which they are situate









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