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2011 Supreme(Ker) 1138

THOMAS P.JOSEPH
Koshy P Cherian – Appellant
Versus
T R Ramachandran – Respondent


JUDGMENT

Thomas P. Joseph, J.

1. Defendants in O.S.No.212 of 2005 of the court of learned Munsiff, Pathanamthitta are the petitioners, aggrieved by Ext.P11, judgment in C.M.A.No.22 of 2009 of the Court of learned District Judge, Pathanamthitta arising from the order of the trial court on I.A.No.700 of 2007. Respondents/plaintiffs sued petitioners for a decree for prohibitory injunction against conducting quarrying operations in the suit property, described as a Government quarry. Learned Munsiff passed Ext.P4, order of injunction on 16.06.2005 on I.A.No.780 of 2005 restraining petitioners from engaging in blasting operations in item No.5 of the plaint schedule without having valid license for using explosives and jackhammers or doing any operation causing damage to the suit property till disposal of the suit. While so, alleging that petitioners violated Ext.P4, order of injunction by engaging in the prohibited activities, respondents filed I.A.No.700 of 2007 (Ext.P5) under Rule 2A of Order XXXIX of the Code of Civil Procedure. Petitioners preferred Ext.P5(a), objection. It would appear that the suit was decreed ex parte and along with the suit learned Munsiff allowed Ext.P5, applicat







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